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2006-08-02_PERMIT FILE - M2005080
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2006-08-02_PERMIT FILE - M2005080
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Last modified
5/8/2020 1:14:33 PM
Creation date
11/20/2007 3:34:16 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2005080
IBM Index Class Name
Permit File
Doc Date
8/2/2006
Doc Name
Notice of Rebuttal Exhibits
From
Attorneys for Applicant
To
DMG
Media Type
D
Archive
No
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• PART 0 <br />Page 13 <br />Pmnit No. COC-500000 <br />A. MANAGEMENT 1tEQUIItEMEN1'S <br />7. Upsets (contimud) <br />4) The permittee complied with atryremedial measures required tinder Section 122.7(d) of the fedual regulations; and <br />5) The permittee shall take all reasonable steps [o minimi~P or prevent any discharge or sludge use or disposal in <br />violation of this permit, which has a reasonable likelihood of adversely affecting human health or the <br />environment <br />t7 In addition to the demonstration required above, a permit[ee who wishes to establish the affirmative defense of <br />upset for a violation of effluent limitations based on watu quality standards shall also demonstrate through <br />monitoring, modeling, or other methods that the relevant standards were achieved is tits receiving water. <br />c. Burdtn of Proof <br />In any enforcement proceeding, the permittce seeking to establish the occurrence of an upset has the burden of proof. <br />8. Removed Substances <br />Solids, sludges, or other pollutants removed in the rqurse oftreattnent or control ofwastewaters shall be properly disposed of in a <br />manner such as to pinvrnt any pollutant from such materials from entering waters of the State. <br />9. Minimization ofAdverse Irrroact <br />The permittee shall take all reasonable steps to m;nim;o-nay adverse impact to waters ofthe State insulting from any discharge. As <br />necessary, accelerated or additional monitoring to determine the natuin and impact of the noacotnplying discharge is required. <br />]0. Diccharge Point <br />Any discharge to the waters of the State from a point source other titan specifically authorized by this permit is prohibited. <br />11. Reduction- Loss. or Failure of Treatment Facilisy <br />The pemtittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the <br />permit Upon reduction, loss, or failure ofthe treatment facility, the permittee shall, to the extent necessary to maintain compliance <br />with its permit, control production, or all discharges, or both until the fact7ity is restored or an alternative method of treatment is <br />provided This provision for example, applies to power failtaes, unless as alternative power source sufficient to operate the <br />wastewater control facilities is provided. <br />It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce tlu permitted activity in <br />order to maintain compliance with the conditions of this permit <br />12. Prover Operation and Maintenance <br />The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related <br />appurtenances} which are. iastaIIed or used by the perffiltee to achieve compliance with the conditions of this permit Proper <br />operation and maintenance includes effective performance, adequate funding, adequau operator staffing and training, and adequate <br />laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of <br />back-up or auxiliary facilities or similar systemt only when necessary m achieve compliance with the conditions of the permit. <br />B. RESPONSIBII.177ES <br />1. Inspections and Richt to Entry <br />The permittce shall allow access m the Director of the Division, the F.PA Regional Administrator, and/or thew authorized <br />representative, upon the presentation of credentials. In the making of such inspections, investigations, and determinations, the <br />Division, in so far as practicable, may designate as its authorized representatives any qualified personnel of the Department of <br />Agriculture. The Division may also request assistance from any other state or local agency or institution. <br />
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