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r , PART II Page No. 18 Permit No. COG-850000 NOTIFICATION REQUIItEMENTS 7. Uasets a. Effect of an Upset. An upset constimta an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of pazagraph (b) of this section aze met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate dtrough properly signed contemporaneous operating logs, or other relevant evidrnce that: i. An apse[ occurred and thaz the permittee can identify the specific cause(s) of the upset; and ii. The permitted facility was az the time being property operated and maintained; and iii. The permittee submitted proper notice of the upset as required in Part II.A.4. of this permit (24-hour notice); and iv. The permittee complied with any remedial measuts necessary [o m;nim;~~ or pttwrnt any dischazge or sludge ttse or disposal in violation of this permit which has a reason able likelihood of adversely affecting human health or the environment. Ia addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset for a violation of efflurnt limitations based upon water quality standazds shall also demonstrate through monitoring, modeling or other methods that the relevant standards were achieved is the receiving water. c. Burden of Proof In nay enforcemrn[ proceeding the permit[ee seeking to establish the occurrence of an upset has the burdrn of proof. 8. Discharee Point Any discharge to the waters of the State from a point source odttt than specifically authorized by this permit is prohibited. 9. Proper Operation and Maintenance The permittee shall az all times properly operate and maintain all facilities and systems of ueatmrn[ and wntrol (and related app+++*~*~n~K) which are installed or used by the permittee as necessary to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective perfottrtance and adequate laborazory and process controls, including appropriaze quality asp+~~M procedures. This provision requires the operation of back-up or auxiliary facilities or similaz systems which are installed by the permittee only when necessary to achieve compliance with the coadi[ioas of the permit. 10. Minimization of Adverse Impact The permittee shall take all reasonable steps to m+nimi~r dr pmrnt nay d'uchazge of sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated or additional monitoring to determine the name and impact of the noncomplying discharge is required.