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PART D Page 3 A. MANAGEMENT REQUIREMENTS b) Conditions Necessary for a Demonsuation of Upset A permittx who wishes to establish the affirmative defense of upset shall demontnte through properly signed contemporaneous operating logs, or other relevant evidence that: (i) An upsU occurred and that the permittee can identify the specific cause(s) of the upset; and (ii) The permitted facility was at the time being properly opereted; and (iii) The permittx submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); end (iv) The permittee complied with any remedial mrasurea required under 40 CFR 122.7(d) of the federel regulation. c) Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upsU 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 • manner such oa to prevent any pollutant from such materials from entering waters of the State. For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance with all State and Federal regulations. 9. Minimization of Adverse Lnped The permittee shall take all reasonble steps to minimize any adverse impact w waters of the State resulting from noncompliance with any effluent limitation specified in this permit. As necessary, accelerated or additional monitoring to determine the nture and impact of the noncomplying discharge is required. 10. Disrharee Point Any discharge m 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 permittce 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 failuro of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control production, control sources of wastewater, or all discharges, until the facility is restored or an alternative method of treatment is provided. This provision also applies to power failures, unless m alterative power source sufficient to operate the wastewater control facilities is provided. It shall not be a defense for a permittee in as enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 12. Proper Operation and Maintenance The permittee shall et 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 to achieve compliance with the condition of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and [raining, end adequate laboratory end 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. woar usm