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~.4. NOTIFICATION REQUIREMENTS (continued) PART II Page No.'1 S Permit No. COG-850000 In addition to the demonstration required above, a pennittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based upon water quality standazds shall also demonstrate through monitoring, modeling or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Discharee Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 9. Proner Operation and Maintenance The petmittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the petmittee as necessary to achieve compliance withthe conditions ofthis permit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similaz systems, which are installed by the pemtittee only when necessary to achieve compliance with the conditions of the pemtit. 10. Minimization of Adverse Imnact The pemtittee shall take all reasonable steps [o mininuze or prevent any discharge of sludge use or disposal in violation of [his permit, which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. 11. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in accordance with applicable state and federal regulations. For all domestic wastewater neatment works, at industrial facilities, the pemtittee shall dispose of sludge in accordance with all State and Federal regulations. 12. Submission of Incorrect or Incomplete Information Where the permittee failed [o submit any relevant facts in a permit application, or submitted incorrect information is a permit application or report to the Division, the permittee shall promptly submit the relevant information, which was not submitted, or any additional information needed to correct any erroneous information previously submitted 13. B ass a. Bypasses aze prohibited and the Division may take enforcement action against the permittee for bypass, unless: i. The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; ii. There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and iii. Proper notices were submitted in compliance with Part II.A.4. b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities, which causes them to become inoperable, or substantial and permanent loss of natural resources, which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. c. The permittee tray allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance or to assure optimal operation. These bypasses aze not subject to the provisions of paragraph a. above.