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PART II <br />Page l6 <br />Permit No. COG-500000 <br />A. MANAGEMENT REQUIREMENTS <br />~' <br />if it is for essential maiutemnce to assure efficient operation. <br />Bypass is prohibited, and We Division may take enforcement action against a permittee for bypass, unless: <br />a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; <br />b. There were no feasible alternatives to the bypass, such as the use. of auxiliary treatment facilities, retention of <br />untreated wastes, or maintemnce during normal periods of equipment downtime. This condition is not satisfied <br />iF the petmittee could have installed adequate backup equipment to prevent a bypass which occurred during <br />normal periods of equipment downtime or preventative maintenance; and <br />c. The permittee submitted notices es required in "Bypass Notification', Part II.A.6. <br />6. Bvoass Notification <br />If the permi[tee knows in advance of the send for a bypass, a notice shall be submitted, at ]east ten days before the date <br />of the bypass, to the Division end the Environmental Protection Agency (EPA). The bypass shall be subject to <br />Division approval and limitations imposed by the Division and EPA. <br />Upsets <br />a. Effect of an Upset <br />An upset constitutes m affumative defense to an action brought for noncompliance with permit effluent <br />limitations if the requiremwts of paragraph b of this section are met. (No determination made during <br />administrative review of claims that noncompliance was caused by upset, and before as action for <br />noncompliance, is final administrative action subject to judicial review.) <br />b. Conditions Necessary For a Danonslration of Upset <br />A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />1) Aa upset occurred end that the permit[ee can identify the specific cause(s) of the upset; and <br />2) The permitted facility was at the time being properly operated; end <br />3) The permittee submitted notice of the upset as required in Part Il.A.3. of this permit (24-hour notice); <br />and <br />4) The permittee complied with say remedial measures required under Section 122.7(d) of the federal <br />regulations. <br />c. Burden of Proof <br />In any enforcement proceeding the permittee seeking to establish the occurrence of en upset has the burden of <br />proof. <br />Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly <br />disposed of in a tmm~er such as to prevent any pollutant from such materials from entering waters of the State. <br />