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Part II <br /> Page 47 of 67 <br /> Permit No.COG500000 <br /> noncompliance to the extent caused by operational error,improperly designed treatment facilities,inadequate <br /> treatment facilities, lack of preventative maintenance,or careless or improper operation. <br /> b. Effect of an Upset <br /> An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if <br /> the requirements of paragraph(b)of this section are met. No determination made during administrative review of <br /> claims that noncompliance was caused by upset, and before an action for noncompliance,is final administrative action <br /> subject to judicial review. <br /> c. Conditions Necessary for a Demonstration of Upset <br /> A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br /> contemporaneous operating logs,or other relevant evidence that: <br /> i) An upset occurred and that the permittee can identify the specific cause(s)of the upset;and <br /> ii) The permitted facility was at the time being properly operated and maintained;and <br /> iii) The permittee submitted proper notice of the upset as required in Part II.A.4.of this permit(24-hour notice);and <br /> iv) The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use <br /> or disposal in violation of this permit which has a reason able likelihood of adversely affecting human health or the <br /> environment. <br /> In addition to the demonstration required above,a permittee who wishes to establish the affirmative defense of upset <br /> for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, <br /> modeling or other methods that the relevant standards were achieved in the receiving water. <br /> d. Burden of Proof <br /> In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. <br /> 9. Submission of Incorrect or Incomplete Information <br /> Where the permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect <br /> information in a permit application or in any report to the Division,the permittee shall promptly submit such facts or <br /> information. <br /> B. RESPONSIBILITIES <br /> 1. 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 the <br /> 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 or <br /> an alternative method of treatment is provided. This provision also applies to power failures,unless an alternative power <br /> 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 /> 2. Inspections and Right to Entry <br /> The permittee shall allow the Division and/or the authorized representative, upon the presentation of credentials: <br /> a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are <br /> required to be kept under the terms and conditions of this permit; <br /> b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this <br /> permit and to inspect any monitoring equipment or monitoring method required in the permit;and <br />