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PART U <br />Page 18 <br />Permit No. COG-500000 <br />A. MANAGEMENT REQUIREMENTS <br />if it is (or essential maintenance to assure efficient operation. <br />Bypass is prohibited, and We Division rmy take wfotcemeat action against a permittce for bypass, tmless: <br />i <br />a. Bypass was unavoidable to prevent loss of life, !personal injury', or severe property damage; <br />b. "I here were no feasible altemativee to the bypass, such as the vse of auxiliary treatment facilities„ retention of <br />untreated wastes, or maintenance during normal periods of equipmrnt downtime. 'This condition is not satisfied <br />if the permitlee could have installed adequate backup equipment W prevent a bypass which occurred during <br />normal periods of equipment downtime or preventative maintenance; and <br />c. The permiltee submitted notices as required in 'Bypass Notifit:ation', Part ll.A.6. <br />6. Bvoass Notifiralion <br />If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date <br />of the bypass, to the Division and the Environmental Protection Agency (EPA). The bypass shall be subject to <br />Division approval and limitations imposed by the Division and EPA. <br />U°sets <br />a. Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent <br />limitations if the requireaxnts 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 an action for <br />noncompliance, is final administretive action subject to judicial review.) <br />I <br />b. Conditions Necessary for a Danonstralion of Upset <br />A permittee who wishes to establish We affi hive defense of upset shall demonstrete through properly signed <br />contemporaneous operating logs, or other relevant evidence Wet: <br />1) An upset occurred and Wa[ We permits I can identify We specific cause(s) of We upset; and <br />2) The permitted facility was at We time ling properly opereted; and <br />3) The permittce submitted notice of We upset a& required in Part U.A.3. of this permit (24-hour notice); <br />and <br />I <br />i <br />4) The permittee complied wiW any remedial rneasuree required under Section 122.7(d) of We federal <br />regulations. j <br />c. $urden of Proof I <br />In any enforcement prucealing the permittce sacking to establish We oceurtence of an upset has We burden of <br />proof. <br />8. Removed Substances <br />Solids, sludges, or other pollutants removed in We course of treatment or control of wastewaters shall be properly <br />disposed of in a mariner such as to prevent any pollutant from such materiels from entering waters of We State. <br />