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PART I Page No. 1 _" Permit No. COG-85000Q A. NOTIFICATION REQUIREMENTS (continued) • In addition to the demonstration required above, a perrnittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, modeling or othermethods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding, the pemrittee seeking to establish the occurrence of an upset has the burden of proof. 8. Dischazee Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 9. Prover Operation and Maintenance The pemrittee 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 pem rittee as necessary to achieve compliance with the conditions of this permit Proper operation and maintenance includes effective performance and adequate laboratory and process controls, including appropriate quality asstuance procedures. This provision requires the operation ofback-up or auxiliary facilities or similaz systems, which aze installed by the permittee only when necessary to achieve compliance with the conditions of the permit. 10. Minimization of Adverse Impact The pemrittee shall take all reasonable steps to minimize or prevent any dischazge of sludge use or disposal in violation of this permit, which itas a reasonable likelihood of adversely affecting human health or the environment As necessary, accelerated or additional monitoring to determine the nature and impact of the noncomplying dischazge is required. • 11. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in accordance with applicable state and federal regulations. For all domestic wastewater treatment works, at industrial facilities, the pemvttee shall dispose of sludge in accordance with all State and Federal regulations. 12. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a pemrit application or report to the Division, the pemtittee shall promptly submit the relevant information, which was not submitted, or any additional information needed to correct any eaoneous information previously submitted 13. Bvoass a. Bypasses aze prohibited and the Division may take enforcement action against the permittee for bypass, unless: i. The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; ii. There were no feasrble alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should ]rave been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and iii. Proper notices were submitted in compliance with Part II.A.4. . b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities, which causes them to become inoperable, or substantial and permanent loss ofnatutal resources, which can reasonablybe expected to occur inthe absence of a bypass. Severe property damage does not mean economic loss caused by delays is production. c. The perrnittee may allow a bypass to occur which does not cause effluent limitations to be exceeded but only if it also is for essential maintenance or to assure optimal operation. These bypasses aze not subject to the provisions of paragraph a. above.