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PART 1I <br />Page No. 29 <br />Permit No.: CO-0032638 <br />A. NOTIFICATION REQUIREMENTS <br />6. Bvpass Notification <br />If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date of <br />the bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. <br />Violations of requirements imposed by the Division will constitute a violation of this permit. <br />7. Upsets <br />a. Effect of an Upset <br />An upset consti[utes an affirmative defense to an action brought for noncompliance with permit efFluent limitations if <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 action <br />subject to judicial review. <br />b. Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />i) An upset occurred and that the permittee can identify the specific cause(s) of the upset; and <br />ii) The permitted facility was at the time being properly operated and maintained; and <br />iii) The permittee submi«ed proper notice of the upset as required in Part II.A.4. of this permit (24-hour notice); and <br />iv) The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use <br />or disposal in violation of this permit which has a reason able likelihood of adversely affecting human heal[h or the <br />environment. <br />In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset <br />for a violation of ef0uen[ limitations based upon water quality standards shall also demonstrate through monitoring, <br />modeling or other methods tha[ the relevant standards were achieved in the receiving water. <br />c. Burden of Proof <br />In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. <br />8. Discharge Point <br />Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. <br />9. Proper Operation and Maintenance <br />The perminee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related <br />appurtenances) which are installed or used by the permittee as necessary to achieve compliance with the conditions of this <br />permit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls, <br />including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities <br />or similaz systems which aze installed by the permittee only when necessary to achieve compliance wtth the conditions of <br />the permit. <br />10. Minimization of Adverse Impact <br />The permi«ee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of <br />this permit which has a reasonable likelihood of adversely affecting human heal[h or the environment. As necessary, <br />accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. <br />11. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in <br />accordance with applicable state and federal regulations. <br />For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance <br />with all State and Federal regulations. <br />12. Submission of Incorrect or Incomplete Information <br />Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a <br />permit application or repott to the Division, the permittee shall promp[ly submit the relevant information which was not <br />submitted or any additional information needed to correct any erroneous information previously submitted. <br />