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P.aRT II <br />Pa,t 33 <br />Permit \o. CO-0035776 <br />MANAGE\iENT REQUD2EitiEN'f5 <br />7. sett <br />a) Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit efFluent limitations it' <br />the requirements of paragraph (b) of this section are met. No determination made during administrative review of <br />claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative <br />action subject to judicial rewview. <br />b) Conditions Necessary for a Demonstration of Upset <br />A pertnittee who wishes to establish the affirrmative defense of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other releva_t evidence that: <br />(i) An upset occurted and that the pennittee can identify the specific cause(s) of the upset; and <br />(ii) The permitted facility was at the time being properly operated; and <br />(iii) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and <br />(iv) The permittee complied with any remedial measures required under 40 CFR 122.7(d) of the federal <br />regulations. <br />• c) Burden of Proof <br />In any enforcement proceeding [he permittee staking to establish the occurrence of an upset has the burden of proof: <br />8. Removed Suhstancee <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewa[ers shall be properly <br />disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the Stott. <br />For all domestic wastewater treatment works, at industrial facilities, lht ptrminet shall dispose of sludce in accordance <br />with all State and Federal regulations. <br />9. 111inimi~atinn of Adverse Tmooct <br />The permitter shall takz all reasonable sups to minimizz any adverse impact to waters of thz Stott rtsuhin~~ from <br />noncompliance with any effluent limuahons speciFtd in this ptrmi[. As necessary, acceltra[ed or additional moninxin_ <br />to determine the nature and impact of the noncomplying discharge is required. <br />10. Dischurne Point <br />Any discharge to the waters of the State from a point sourcz other than sptciFically authorized by this ptrtnit is <br />prohibited. <br />I1. Reduction. Lose, nr Failure of Treatment Facility <br />• Tht perminzt has the duty to halt or reduce any activity iF necessary to maintain compliance «~ith the zffluznt limitation, <br />of the permi[. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent nzcessary to <br />maintain complixnct with its ptrmtt, control production, control sources of wastewater, or all dischargzs, until the <br />facility is rcstortd or an altemanve mzthal of treatment is provided. This provision also applies to power failures, <br />unless an altemati~t poker sours sufficient to operate the ~casttw•ater contml fuilities i. ~nr :Jcd. <br />INIII:] :~V 4r <br />