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A. MANAGEMENT REQUIREMENTS (cont,) <br />4. 811hInissiou of Incorrect or Incom Mete Infornuttiun <br />Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a <br />permit application or report to the Division, or relevant new information becomes available, the permittee shall promptly <br />submit the relevant application information which was not submitted or any additional information needed to correct any <br />erroneous information previously submitted. <br />5. Bypass <br />a) A bypass, which causes effluent limitations (i.e., requirements to implement BMPs in accordance with Parts I.B.3 <br />and I.D.2 of the permit) to be exceeded is prohibited, and the Division may take enforcement action against a <br />permittee for such a bypass, unless: <br />1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; <br />2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities (e.g., <br />alternative BMPs), retention of untreated wastes, or maintenance during normal periods of equipment <br />downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment (e.g., <br />implemented additional BMPs) to prevent a bypass which occurred during normal periods of equipment <br />downtime or preventative maintenance; and <br />3) The permittee submitted notices as required in "Non -Compliance Notification," Part ILA.3. <br />6. Upsets <br />a) Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with permit <br />limitations and requirements if the requirements of paragraph b of this section are met. (No determination made <br />during administrative review of claims that noncompliance was caused by upset, and before an action for <br />noncompliance, is final administrative action subject to judicial review.) <br />b) Conditions Necessary for a Demonstration of Upset, A permittee who wishes to establish the affirmative defense <br />of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: <br />1) An upset occurred and that the permittee can identify the specific cause(s) of the upset; <br />2) The permitted facility was at the time being properly operated; <br />3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and <br />4) The permittee complied with any remedial measures required under 40 CFR Section 122.41(d) of the federal <br />regulations or Section 61.8(3)(h) of the Colorado Discharge Permit System Regulations. <br />c) Burden of Proof, In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has <br />the burden of proof. <br />Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed <br />of in a manner such as to prevent any pollutant from such materials from entering waters of the Slate. <br />8. Miuhnixation of Adverse Impact <br />The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from <br />noncompliance with any terms and conditions specified in this permit, including such accelerated or additional monitoring <br />as necessary to detennine the nature and impact of the noncomplying discharge. <br />