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PAaT u Pace 9 of 13 A. i~IANACEMENT RGQUIRGMENTS 7. Unsets b) Conditions Necessary for a Demonstration of Upset (continued) (iv) The permittce complied with apy remedial measures required under Section 122.7(d) of the federal regulations. c) Burden of Proof In any enforcemeat proceeding the permittee seeldag [o establish the occurrence of an upsU has the burden of proof. 8. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner such as [o prevent any pollutant from such materials from entering waters of the State. 9. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring. as necessary to determine the naturc and impact of the noncomplying discharge. 10. Dischaz¢e Point Any discharge to the waters of the State from a point source other than spxifically authorved by this permit is prohibited. I1. Reduction. Loss, or Failure of Treatment Facility The permittee has the duty to halt or reduce any activity if tretxasary to maintain compliance with the effluent Gmitatiops of the permit. Upon reduction, loss, or failure of the treatment facility, We permittee shall, to the extent necessary to maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an alternative method of treatment is provided. This provision for example, applies to power failures, unless an alternative power source sufficient to operate the wastewater control facilities is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. l2. Procer 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 permittce to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffipg and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similaz systems only when necessary to achieve compliance with the conditions of the permit.