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PART Q <br />Page No. I8 <br />Permit No. COG-850000 <br />A. NOTIFICATION REQUQLEMENCS <br />7. Uasets <br />a. 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 waz caused by upset, and before an action for noncompliance, is final administrative <br />action subject to judicial review. <br />b. Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affinnazive defeau of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />i. An upset occurred and thaz the permittce 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 az required in Pan II.A.4. of this permit (24-hour notice); <br />and <br />iv. The permittee complied with any remedial measure necessary to m;n;m;f~ or prevent any discharge or sludge <br />use or disposal in violation of this pemti[ which has a reason able likelihood of adversely affecting human health <br />or the envirotunrnt, <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 standazds shall also demonstrate through monitoring, <br />modeling or other methods that the relevant standards were achieved in the receiving water. <br />c. Burden of Proof <br />In any enforcement proceeding the permittce seeking to establish the occurrence of an upset has the burdrn of proof. <br />8. Dischat2e Point <br />Any dischazge to the waters of the Staze from a point source other than specifically authorized by this permit is <br />prohibited. <br />9. Proper Ooention and Maintertance <br />The permittee shall az all times properly operate and maintain all facilities and systems of treazmen[ and control (and <br />related app ~++r~) which are installed or used by the pamittee as necessary to achieve compliance with the <br />conditions of this permit. Proper operation and maintenance includes effective performance and adequate laboratory and <br />process controls, including appropriate quality as~~*ance procedures. This provision requites the operation of back-up or <br />auxiliary facilities or similar systems whim are installed by the perrnittee oNy when necessary to achieve compliance <br />with the conditions of the permi[. <br />10. Minimization of Adverse Imoad <br />The permittee shall take all reasonable steps to m;n;m;~e. dr prevent any dischazge of sludge use or disposal in violation <br />of this permit which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, <br />accelerated or additional monitoring to determine the ttaurre and impact of the noncomplying discharge is required. <br />