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PART II Page No. l7 Pemrit No.: CO-0047562 In addition to the demonshation required above, a pennittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based upon water quality standazds shad also demonstrate through monitoring, modeliug or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding the permittee seeking to establish fire occurrence of an upset has the burden of proof. 8. Discharge Point Any dischazge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 9. Proper Operation 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 permittee as necessary [o 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 back-up or auxiliary facilities or similar systems which are installed by the pernrittee only when necessary to achieve compliance with the conditions of the permit. 10. NIi»imization of Adverse Lnpact The pern»ttee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of this permit 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, slrrdges, or other pollutants removed in dre 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 pemtittee shall dispose of sludge in accordance with all State and Federal regulations. 12. Submission of Incorrect ar Incomplete Informatton Where the pemrittee failed to submit aay relevant facts in a pemrit application, or submitted incorrect information in a permit application or report to the Division, the pennittee shall promptly submit the relevant information which was not submitted or any additional infomtaton needed to correct any erroneous information previously submitted. 13. Bypass a. Bypasses are prohibited and the Division may take enforcement action against the 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 aitematives to bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during nonnal periods of equipment downtime. This condition is not satisfied if adequate back-up 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 incompliance with Part ILA.4. b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.