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PART II <br />Page No. 24 <br />Permit No. COG-850000 <br />of this permit. Proper operation and maintenance includes effective performance and adequate laboratory and process <br />controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary <br />facilities or similar systems, which are installed by the permittee only when necessary to achieve compliance with the <br />conditions of the permit. <br />10. Minimization of Adverse Impact <br />The permittee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of <br />this permit, which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, <br />accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. <br />11. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in <br />accordance with applicable state and federal regulations. For all domestic wastewater treatment works, at industrial <br />facilities, the permittee shall dispose of sludge in accordance with all State and Federal regulations. <br />12. Submission of Incorrect or Incomplete Information <br />Where the petYnittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a <br />permit application or report to the Division, the permittee shall promptly submit the relevant information, which was not <br />submitted, or any additional information needed to correct any erroneous information previously submitted <br />13. Bypass <br />a. Bypasses are prohibited and the Division may take enforcement action against the permittee for bypass, unless: <br />• i. The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; <br />ii. There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of <br />untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if <br />adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to <br />prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and <br />iii. Proper notices were submitted in compliance with Part II.A.4. <br />b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities, <br />which causes them to become inoperable, or substantial and permanent loss of natural resources, which can reasonably <br />be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by <br />delays in production. <br />c. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also <br />' is for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of <br />paragraph a. above. <br />d. The Division may approve an anticipated bypass, after considering adverse effects, if the Division determines that the <br />bypass will meet the conditions specified in paragraph a. above. <br />14. Reduction, Loss, or Failure of Treatment Facility <br />The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of <br />the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain <br />compliance with its permit, control production, control sources of wastewater, or all discharges, until the facility is restored <br />or an alternative method of treatment is provided. This provision also applies to power failures, unless an alternative <br />power source sufficient to operate the wastewater control facilities is provided. <br />It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted <br />activity in order to maintain compliance with the conditions of this permit. <br />B. RESPONSIBILITIES <br />