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PART II <br />Page No. 19 <br />Permit No.: CO-0044776 <br />• 6. Bvuass Notification <br />If the pertrrittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date of the <br />bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. Violations <br />of requirements imposed by the Division will constitute a violation of this permit. <br />7. Upsets <br />a. Effect of an Uuset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with pemrit effluent limitations if the <br />requirements of pazagraph (b) of this section aze met. No determination trade during administrative review of claims that <br />noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to <br />judicial review. <br />b. Conditions Necessary for a Demonstration of Upset <br />A pemrittee who wishes to establish the affumative 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 [he 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 pemrittee submitted proper notice of the upset as required in Part ILA.4. of this pemrit (24-hour notice); and <br />iv) The perndttee cotttplied with any remedial measure necessary to m;n;m;~e or prevent any dischazge or sludge use or <br />disposal in violation of this permit which bas a reason able likelihood of adversely affecting human health or the <br />environment. <br />In addition to the demonstration required above, a perrnittee who wishes to establish the afEnnative defense of upset for a <br />violation of effluent limitations based upon water quality standazds shall also demonstrate through montoring, modeling <br />or other methods that the relevant standazds were achieved in the receiving water. <br />C. Burden of Proof <br />In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. <br />8. Discharee Point <br />Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. <br />9. Proper Operation and Maintenance <br />The perrnittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related <br />appurtenances) which are installed or used by the permittee as necessary to achieve compliance with the conditions of this <br />permit. Proper operation and maintenance includes effective performance and adequate laboratory and process con[roLs, <br />including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or <br />similar systems which are installed by the pertnittee only when necessary to achieve compliance with the conditions of the <br />permit. <br />10. Minimization of Adverse Impact <br />The permittee shall take all reasonable steps to m;nim;~e or prevent any dischazge of sludge use or disposal in violation of this <br />pemut which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated <br />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. <br />For all domestic wastewater treatment works, at industrial facilities, [he pemrittee shall dispose of sludge in accordance with <br />all State and Federa] regulations. <br />12. Submission o(Incorrec[ or Incomplete Information <br />