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1 1. <br />PART 11 <br />Page 33 <br />Perntit No. CO-0038776 <br />A. hfANAGEh'fENT REQUIREhIENTS <br />7. Upsets <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 was 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 permittce 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 end that the permittee can identify the specific cause(s) of the upset; and <br />(ii) The permitted facility was at the lime being properly operated; and <br />(iii) The permittce submitted notice of the upset as required in Part Ii.A.3. of this permit (24-hour notice); and <br />(iv) The permittce complied with any remedial measures required under 40 CFR 122.7(d) of the federal <br />regulations. <br />c) Burden of Proof <br />In any enforcement proceeding [he permittee seeking to establish the occurrence o(an upset has the burden of prooF. <br />8. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly <br />disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. <br />For all domestic wastewater treatment works, at industrial facilities, the permittce shall dispose of sludge in accordance <br />with all State and Federal regulations. <br />9. h7inimi~ation of Adverse Impact <br />The permittee shall lake all reasonable steps to minimize eny adverse impact to waters of the State resulting from <br />noncompliance with any effluent limitations specified in [his permit. As necessary, accelerated or additional monitorin_~ <br />to determine the nature and impact of the noncomplying discharge is required. <br />10. Discharee Point <br />Any discharge to the waters of the State from a point source other than specifically authorized by this permit is <br />prohibited. <br />I1. Reduction. Loss. or Failure of Treatment Facilifv <br />The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations <br />of~the permit. Upon reduction, loss, or failure of the treatment facility, the permittce shall, to the extent necessary to <br />maintain compliance with its permit, control production, control sources of wastewater, or all discharges, until the <br />facility is restored or an alternative method of treatment is provided. This provision also applies to power failures, <br />unless an altemative power source sufficient to operate the wastewater control facilities is provided. <br />INnaI' 4/9/93 <br />