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PART II Page 33 Permit No. COG-600000 A. NOTIFICATION REQUIREMENTS (cont.) 6. Bvoass Notification If the permittce knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the daze of the bypass, to the Division. The bypass shall be subject to Division approval and limitazioru imposed by the Division. Violations of requirements imposed by the Division will constitute a violazion of this permit. Uasets a. Effect of an Uoset An upset constirutes 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 thaz nonr~mpliance was caused by upset, and before an action for nonwmpliance, is final artminicrrar+ve action subjeM to judicial review. b. Conditions Necessary for a Demonstraion of Unset A pertnittce who wishes to establish the affamazive defetue of upset shall demonstraze through properly signed contemporaneous operating logs, or other relevant evidence thaz: (1) An upset occurred and thaz the pertnittce can identify the specific cause(s) of the upset; and (2) The permitted facility was az the tithe being properly operated and maintained; and (3) The pertttittce submitted proper notice of the upset as required in Part II.A.4. of this permit (?A-hour notice); and (4) The permittce complied with any remedial measure >xcessary Lo m;n;m;~P 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 pertnittce 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 in the receiving water. c. Burden of Proof In any enfo~Mt proceeding the permittce seeking to establish the occurrence of an upset has the burdrn of proof. 8. Dischazee Point Any discharge to the wazets of the State from a point source other than specifically authorized by this permit is prohibited.