2001-12-11_PERMIT FILE - C1981014A (3)

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Part lI Page l7 of 20 Permit No. COR-040000 A. MANAGEMENT REQUIREMENTS (cont.) • 6. Upsets a. Effect of an Upset An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and requirements if the requirements of paragraph b of this section aze met. (No determination made during administrative review of claims drat noncompliance was caused by upset, and before an action for noncompliance, is Final administrative action subjec[ to judicial review.) b. Conditions Necessary for a Demottstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate ttuough properly signed contemporaneous operating logs, or odter relevant evidence that: 1) An upset occurred and that the permittee can identify dte specific cause(s) of dte upset; 2) The permitted facility was a[ the time being properly operated; 3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and 4) The permittee complied with any remedial measures required under Section 122.7(d) of the federal regulations. c. Burden of Proof i • In any enforcement proceeding the permittee seeking to establish dte occurrence of an upset has the bttrden 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 [[tamer such as to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Adverse Imoad The permittee shall take all reasonable steps to n,inimi~r any adverse impact to 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 Facility The permittee has the duty 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 permittee shall, [o the extent necessary to maintain compliance with its permit, control producdon, or all dischazges, or both mtil the facility is restored or an alternative method of treatment 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 [o maintain compliance with the conditions of this permit. 10. Procer.Oceration and Maintenance • The permittee shall at all times properly operate and maintain al] facilities and systems of treatment and conuot (and related appurtenances) which aze installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequaze funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This