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Party u <br />Page IS <br />Permit No. COG-5110000 <br />MANAGEMENT REQUIREMENTS <br />U sets (continued) <br />4) The pcrmittec complied with any remedial measures required under Section 122.7(d) ofthe federal regulations; and <br />5) The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in <br />violation of this permit, which has a reasonable likelihood of adverselyaffecting human health or the environment. <br />6) In addition to the demonsvation required above, a permittee who wishes to establish the affirmative defense of upset <br />for a violation of effluent limitations based on water quality standards shall also demonstrate through monitoring, <br />modeling, or other methods that the relevant standards were achieved in the receiving water. <br />c. Burden of Proof <br />In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has [he burden of proof <br />8. Removed Substances <br />Solids, sludges, or other pollutants removed in the course oftreatment or control of wastewaters shall be properly disposed of in a <br />manner such as to prevent any pollutant from such materials from entering waters of the State. <br />9. Minimization of Adverse Impact <br />The perminee shall take all reasonable steps to minimize any adverse impact to waters ofthe State resulting from any discharge. AS <br />necessary, accelera[ed or additional monitoring to determine the nature and impact ofihe noncomplying discharge is required. <br />10. Discharge Point <br />Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. <br />I I. Reduction. Loss. or Failure of Treatment Facility <br />The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the <br />permit Upon reduction, loss, or failure ofthe treatment facility, the permittee shall, to the extent necessary to maintain compliance <br />with its permit, control production, or all discharges, or both until the facility is restored or an alternative method of treatment is <br />provided. This provision for example, applies to power failures, unless an alternative power source sufficient to operate the <br />wastewater control facilities is provided. <br />It shalt not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted aMiviry in <br />order to maintain compliance with the conditions of this permit. <br />12, Prover Operation and Maintenance <br />The pennittee shall at alt times properly operate and maintain ail Facilities and systems of treatmrnt and control (and rela[ed <br />appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper <br />operation and maintenance includes effective performance, adequate funding, adequate operator staflingand training, and adequate <br />laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of <br />back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. <br />B, RESPONSIBILITIES <br />I,~pections and Rieht to Entrv <br />The permittce shall allow access to the Director of the Division, the EPA Regional Administrator, and/or their authorized <br />representative, upon the presentation of credentials. In the making of such inspections, investigations, and determinations, the <br />Division, in so far as practicable, may designate as its authorized representatives any qualified personnel of the Departmrnt of <br />Agriculture. The Division may also request assistance from any other state or local agency or institution. <br />