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PART II <br />Page No. 20 <br />Pcrmit No.: CO-0038776 <br />7. U set (continued) <br />In addition to the demonstration required above, a ppermittee who wishes to establish the affumative defense of upset for a <br />violation of effluent limitations based upon water quaItty standards shall also demonstrate through monitoring, modeling or other <br />methods that the relevant standards were achieved m the receiving water. <br />c. Burden of Proof <br />In any enforcement proceeding, the pennittee seeking to establish the occurrence of an upset has the burden of proof. <br />8. Disch~e Point <br />Any discharge to the waters of the State from a point source other than specifically authorized by this petnrit is prohibited. <br />9. Proper Operation and Maintenance <br />The pennittee 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 permit. <br />Proper operanon and maintenance includes effective performance and adequate laboratory and process controls, including <br />appropnate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or sirmlar systems <br />which aze tnstalle by the permittee only when necessary to achieve compliance with the conditions of the permit. <br />10. Minimization of Adverse Imuact <br />The permittee shall take all reasonable steps to m;n;m;~e or prevent any dischazge of sludge use or disposal in violation of this <br />pezrmt, which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated or <br />additional monitoring to detemune the nature and impact of the noncomplying dischazge 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 accordance with <br />applicable state and federal regulations. <br />For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance with all State <br />and Federal regulations. <br />12. Submission of Incorrect or Incomplete Information <br />Where the pernuttee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit <br />application or report to the Division, the permittee shall promptly subrrut the relevant infomration which was not submitted or any <br />addttonal information needed 4o correct any erroneous information previously submitted. <br />13. Bwass <br />a. Bypasses aze prohibited and the Division may take enforcement action against the pemvttee 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 bvoass such as the use of auxiliary treatment facilities, retention of untreated wastes, <br />or maintenance during normal periods ~of equipment downtime. This condition is not satisfied if adequate back-u <br />equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which <br />occurred during normal periods of equipment downtime or preventive maintenance; and <br />iii) Proper notices were submitted in compliance will[ Part II.A.4. <br />b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities which causes <br />them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in <br />the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. <br />c. The perndttee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for <br />essential maintenance or to assure optunal operation. These bypasses aze not subject to the provisions ofpazagraph (a) above. <br />d. The Division may approve an anticipated byyppass, after considering adverse effects, if the Division determines that the bypass <br />will meet the conditions specified in pazagraph (a) above. <br />14. Reduction. Loss, or Failure of Treatment Facility <br />The permittee has the duty to halt or reduce any activity tf necessary to maintain compliance with the effluent limitations of the <br />permit. Upon reduction, Ions, of failure of the treatment Facility, the permittee shall, to the extent necessary to maintain compliance <br />wrth its pemut, control production, control sources of wastewater, or all dischazges, until the facility is restored or an alternative <br />method of treatment is provided. This provision also applies to power failures, unless an alternanve power source sufficient to <br />operate the wastewater control facilities rs 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 acfivity in <br />order to maintain compliance with the conditions of this pemut. <br />Revised 4/l9/2004 <br />