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PART II <br />Page 33 <br />Permit No. COG-600000 <br />A. NOTIFICATION REQUIREMENTS (contJ <br />6. Bwazs Notification <br />If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at leazt <br />ten days before the date of the bypass, to the Division. The bypass shall be subjett to Division <br />approval and limitations imposed by the Division. Violations of requirements imposed by the <br />Division will constitute a violation of this permit. <br />~~ <br />a. Effect of ao Uoset <br />An upset wnstitutes an affirmative defense ro as action brought for noncompliance with <br />permit effluent limitatiotu if the requirements of paragraph (b) of this section ate met. No <br />determination made during in;ctrarive review of claims that noncompliatta was caused <br />by upset, and before an action for noncompliance, is fatal minictrative action subject [0 <br />judicial review. <br />b. Conditions Necessary for a Demonstration of Uoset <br />A permittee who wishes to establish the affirtnazive defence of upset shall demonstrate through <br />properly signed contemporaneous operating logs, or other relevant evidence thaz: <br />r 1 <br />1`J <br />(1) An upset occurred and that the pertnittee can identify the specific cause(s) of the <br />upset: and <br />(2) The permitted facility was at the tithe being Properly operazed and maintained: attd <br />(3) The permittee submitted proper notice of the upset az requited in Pan II.A.4. of this <br />permit (24-hour notice); and <br />(4) The permittee complied with any remedial measure necessary to .nan;n,;~~ Or prevent <br />any dischazge or sludge use or disposal in violation of this permit which has a reason <br />able likelihood of adversely affecting human health or the environment. <br />In addition to the detnonstratioa requited above, a pertttittee who wishes to establish the <br />affirmative defense of upset for a violation of effluent limitations based upon water quality <br />standards shall also demonstrate through rnonitorittg, modeling or other methods that the <br />relevant standazds were achieved is the receiving water. <br />c. Burden of Proof <br />In any enforcement proceeding the pertnittee seeking ro establish the occurrence of an upset <br />has the hordes of proof. <br />8. Dischar¢e Point <br />A~ discharge to the waters of the Stare from a point souroe other than specifically authorized by <br />this permit is prohibited. <br />• <br />