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PART n Page No. 24 Permit No. CO-003'?I15 ,,. NOTIFICATION REQUIREMENTS 7. UoseLc a. Effect of an Upset. An up:xt constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. h. Conditions Necessary For a Demonstration of Upset A pennittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: i. A.n upset occurred and that the pennittee can identify the specific cause(s) of the upset; and ii. The permitted facility waz at the time being properly operated and maintained; and iii. The perntit[ee submitted proper notice of the upset as required in Part ILA.4. of this permit (24-hour notice); and iv. The permit[ee complied with any remedial measure necessary [o minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reason able likelihood of adversely affecting human health or the environment. In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, modeling or other methods that the relevant standards were achieved io the receiving water. c. Burden of Proof In xny enforcement proceeding the perrnittee seeking to establish the occurrence of an upset has the burden of proof. 8. Dischnnre Point Any discharge to the waters of the State from a point source other than specifically authorized by Ihis permit is prohibited. 9. Proper Ooeratian and Maintenance Tha 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 permittee az 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 hack-up or auxiliary facilities or similar systems which are installed by the permittee only when necessary to achieve compliance with the conditions of the permit. 10. A1inimization of Adverse Im~ct The permittee shall take all reasonable steps to minimize or prevent any discharge of sludge rise or disposal in violation o(this permit which has a reasonable likelihood of adversely affuting human health or the environment. As necessary. accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is requirul.