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PART II Page 16 Penvit NO. COR-040000 A. MANAGEMENT REQUIREMENTS (cont.) b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: 1) An upset occurred and that the permittee can identify the specific cause(s) of the upset; 2) The permitted facility was at the time being properly operated; 3) The permittx submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and 4) The permittee cotrtpliod with any remedial measures required under Section 122.7(d) of the federal regulatl0dS. c. Burden of Proof In any enforcement proceeding the petmittee welting to establish the occurrence of m upset has the burden of proof. 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 to prevent any pollutant from such materials from entering waters of the State. 8. Minimization of Adverse impact The permittee shall take all reasonable steps to m,a~m,sw any adverse impact to waters of the State resulting from noncompliance with any efFlumt -imitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 9. Reduction. Loss, or Failure of Treatment Fertility The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction, loss, or failure of the treatment facility, the 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 en alternative method of treatment is provided. It shall not be a defense for a perrnittx in an eaforcemmt action that it would be necessary to halt or reduce the permitted activity in order to maintain complimce with the conditions of this permit. 10. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and wntrol (and related appurtenances) which ate installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory snd process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems otily whw necessary to achieve compliance with the conditions of the permit. B. RESPONSIBILITIES 1. Inspections and Ri¢ht to Entry The permittce shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, snd/or their authorized representative, upon the presentation of credentials: