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Part iI Page No. 20 Permit No.: CO-0045225 (4) The perminee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reazon able likelihood of adversely affecting human health or the envirotunent. In addition [o the demonstration required above, a perminee 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. Burden of Proof In any enforcement proceeding the perminee sceking to establish the occurrence of an upset has the burden of proof. 8. Discha~e Point Any discharge 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 perminee shall at all times properly operate and maintain all facilities and systems of treatment and convol (and related appurtenances) which are installed or used by the perminee az 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 permittce only when necessary to achieve compliance with the conditions of the permit. 10. Minimization of Adverse Impact The perminee 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, sludges, or other pollutants removed in the 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 permittee shall dispose of sludge in accordance with all State and Federal regulations. 12. Submission of Incorrect or Incomplete Information Where the permittce failed to submit any relevam facts in a permit application, or submitted incorrect information in a permit application or report to the Division, the permittce shall promptly submit the relevant information which was not submitted or any additiotud information needed to correct any erroneous infortation previously submitted 13. B a. Bypasses are prohibited and the Division may take enforcement action against the permittce for bypass, [m]ess: (1) The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage;