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Part II Page 17 of 20 Permit No. COR-040000 A. MANAGEMENT REQUIREMENTS (cont.) 6. Upsets a. Effect of ao Upset An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and requirements if the requiremenu of pazagraph b of [his section are met. (No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administraive 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 through properly signed contemporaneous operating logs, or other relevant evidence that: 1) An upset occurred and thaz the permittce can identify the specific cause(s) of the upset; 2) The permitted facility was at the time being properly operated; 3) The permittce submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and 4) The permittce complied with any remedial measures required under Section 122.7(d) of the federal regulations. c. Burden of Proof In any enforcement proceeding the permittce seeking to bstablish the occurrence of an upset has the burden of proof. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Adverse Impact The permittce shall take all reasonable steps to m;nimi~r any adverse impatt [o wazers of the State resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying dischazge. 9. Reduction. Loss, or Failure of Treatment Faciliri The permittce has the dory to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of the treatment facility, the permittce shall, to the extent necessary to maintain compliance with its permit, control production, or all dischazges, or both until the facility is restored or an alternative method of treatment is provided. It shall not be a defense for a permittce in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 10. Proper Operation and Maintenance The permince 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 permittce to achieve compliance with the wnditions of this permit. Proper operation and maintenance includes effective performance, adegtate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This