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PART II Page No. 20 Peirnit No.: CO-0038776 7. Uysets (continued) In addition to the demonstration required above, a ppermittee who wishes to establish the affutnative defense of upset for a violation of effluent limitations based upon water quaItty stnadazds shall also demonstrate through monitoring, modeling or other methods that the relevant standards were achieved m the receiving water. c. Burden of Proof In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Dischaz~e Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 9. Proper Ooeration and Maintenance The permittee 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 pemittee as necessary to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective perfomtance and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilthes or sirrttlar systems which aze tnstalle by the petrnittee ordy when necessary to achieve compliance with the condthoas of the permit. 10. Minimization of Adverse Impact The petmittee shall take all reasonable steps to mininize or prevent any dischazge of sludge use or disposal in violation of this petmtt, which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. 11. 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 pemrittee shall dispose of sludge in accordance with all State and Federal regulations. 12. Submission of Inconect or Incomplete Inforrnation Where the pezmittee failed to submit any relevant facts in a pewit application, or submitted incorrect information in a petrrit application or report to the Division, the pemtittee shall protnptly subrmt the relevant information which was not submitted or any addthonal tnfotmation needed to conect any erroneous information previously submitted. 13. Bwass a. Bypasses aze prohibited and [he Division may take enforcement action against [he 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 normal periods of equipment downtime. This condition is not satisfied if adequate back-u equipment should have been installed in 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 permaztent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage doeg not mean economic loss caused by delays in production. o. The pemuttee 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 optunal operation. These bypasses are not subject to the provisions of paragraph (a) above. d, The Division may approve an anticipated byyppass, after considering adverse effects, if the Division determines that the bypass will meet the condifions specified in pazagraph (a) above. 14. Reduction, Loss, or Failure of Treatment Facility The permittee has the duty to halt or reduce any activity tf necessary to maintain compliance with the effluent limitations of the pemut. Upon reduction, loss, or failure of the treatment Facility, the perauttee 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 provtded. This provision also applies to power failures, unless an altemauve power source sufficient to operate the wastewater control facilities is provtded. 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 4/192004