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PART II Page No_ I I Perttut No.: CO-0045161 7. Upsets (continued) In addition to the demonstration required above, a ppermittee who wishes to establish the affirmative defense of upset for a violation of et37uent limitations based upon water quality standards shall also demonstrate through monitoring, modeling or other methods that the relevant stnadards were achieved m the receiving water. c. Burden of Proof In any enforcement proceeding, the petmittee seeking to establish the occurrence of an upset has the burden of proof. 8. Discharee Point Any dischazge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 9. Proper Operation and Maintenance The pemmittee 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 permittee 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 assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems whreh are mstalle by the permittee only when necessary to achieve compliance with the conditions of the permit. 10. Minimization of Adverse Itrmact The permittee shall take all reasonable steps to minimize or prevent any dischazge of sludge use or disposal in violation of this peru[, which has a reasonable likelihood of adversely affecting human health or [he envvonment. As necessary, accelerated or additional monitoring to detemune the nature and impact of the noncomplying discharge is required. ] I, 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 permittee shall dispose of sludge in accordance with all State and Federal regulations. 12. Submission of Incorrect or Inconmpiete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incoaect information ht a permit application or report to the Division, the perttuttee shall ppromptly submit the relevant information which was not submitted or any addmonal information needed to correct any erroneous intbrmahon 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 feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during portal periods of equpment downtime. Tlus condition is not satisfied if adequate back-u equipment should have been mstalled m 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 properly 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 of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. c. The perilttee 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 optmmal operation. These bypasses aze not subject to the provisions of paragraph (a) above. d. The Division may approve an anticipated bypass, after considering adverse effecu, if the Division determines that the bypass will meet the conditions specified in paragraph (a) above. 14, Reduction, Loss, or Failure of Treatment Facility The pemtittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the pemut. Upon reduction, loss, or failure of the treatment Iacility, the pemuttee shall, to the extent necessary to maintain compliance with its petrtut, control production, control sources of wastewater, or all discharges, until [he facility is restored or an alternative method of treatment is provrded. This provision also applies to power failures, unless an alternative power source sufficient to operate the wastewater control facilities is provrded. 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. Revised 1242005