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PART II Page 9 of 13 A. MANAGEMENT REQUQZEMENTS 7. Upsets b) Conditions Necassarv for a Demonstration of Unset (continued) (iv) The permittee complied with any remedial measures required under Section 122.7(d) of the federal regulations. c) Burden of Proof In any enforcement proceeding the permittee seeking to establish the oc:urrence of m upset has the burden of proof. 8. 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. 9. Minimisation of Adverse Impact The permittee shall take all reasonable steps to minimise any adverse impact to waters 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 discharge. 10. Dischar¢e Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 11. Reduction, Loss, or Failure of Treatment Facility The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the permit. Upon reduction, loss, or failure of [he treatment facility, the permittee shall, [o the extent necessary to maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an altemative method of treatment is provided. This provision for example, applies to power failures, unless an altemative power source sufficient to operate the wastewater control facilities is provided. It shall not be a defense for a permittee 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. 12. Proper Operation and Maintenance The permrttee shall at all times properly operate and maintain all facilities and s}'stems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.