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Part II Pale 17 of 20 <br />Permit No. COR-040000 <br />A. MANAGEMENT REQUIItEMENTS (con[.) <br />6. Upsets <br />a. Effect of an Upset . <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and <br />requirements if the requirements of pazagraph b of this section aze met. (No determination made during <br />administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, <br />is final administrative action subject to judicial review.) <br />b. Conditions Necessary for a Demonstration of Upset <br />A permitiee 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) An upset occurred and that [he permittee can identify the specific cause(s) of the upset, <br />2) The permitted facility was at the time being properly operated; <br />3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and <br />4) The permittee complied with any 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 an 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 manner such as to prevent any pollutant from such materials from entering waters of the State. <br />8. Minimization of Adverse Impact <br />The permittee shall take all reasonable steps to minim;>e any adverse impact to waters of the State resulting from <br />noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring <br />as necessary to determine the nature and impact of the noncomplying dischazge. <br />9. Reduction. Loss. or Failure of Treatment Faciliri <br />The permittee has the duty to halt or reduce any activity if necessary [o maintain compliance with the permit <br />requirements. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary [o <br />maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an <br />alternative method of treatment is provided. <br />It shall not be a defense for a permittce in an enforcement action that it would be necessary to halt or reduce the <br />permitted activity in order to maintain compliance with the conditions of this permit. <br />10. Proper Oceration and Maintenance <br />The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and <br />related appurtenances) which aze installed or used by the permittee to achieve compliance with the conditions of this <br />permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing <br />and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This <br />