Laserfiche WebLink
A. NOTIFICATION REQUIItEMENTS <br />7. Upsets <br />a. Effect of an Upset. <br />PART II <br />Page No. 18 <br />Permit No. COG-850000 <br />An upset constitutes an affirmative defense to an action broueht for noncompliance with permit effluent limitations if <br />the requirements of pazagraph (b) of this section are met. No determination made Burins adtninis[rative review of <br />claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative <br />action subject to judicial review. <br />b. Conditions Necessary for a Demonstration of Upse[ <br />A permittee who wishes to establish the affirmative defense of upset shall demonstrate [hroueh properly signed <br />contemporaneous Operating loes, or other relevant evidence that: <br />i. An upset occurred and [hat the permittee can identify the specific cause(s) of the upset; and <br />ii. The permitted faciiiry was at the time being properly operand and maintained; and <br />iii. The pertni[tee submit[ed proper notice of the upset as required in Pan II.A.4. of this permit (24-hour notice): <br />and <br />iv. The pertnittee complied with any remedial measure necessary to minimize or prevent any discharge of sludge <br />use or disposal in violation of this permit which bas a reason able likelihood of adversely affecting human heal <br />or the environment. <br />In addition to the demonstration reouired above, a permittee who wishes to establish the affirmative defense of upset <br />for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, <br />modeling or other methods that the relevant standards were achieved in the receiving wanr. <br />c. Burden of Proof <br />In any enforcemen[ proceeding the permiuee seeking ro establish the occurrence of an upset has the burden of proof. <br />8. Discharge Point <br />Any discharge to the waters of the Stan from a point source other than specifically authorized by this permit is <br />prohibited. <br />9. Proper Operation and ;Maintenance <br />The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and <br />relued appurtenances) which aze installed or used by the permittee as necessary to achieve compliance with the <br />conditions of this permit. Proper operation and maintenance includes effective performance and adequate laboratory and <br />process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or <br />auxiliary facilities or similar sysems which are installed by the perminee only when necessary to achieve compliance <br />with the conditions of the permit. <br />10. Minimization of Adverse Impact <br />1'he perminee shall take all reasonable steps ro m;n;mbe dr prevent any discharge of sludge use or disposal in violatio~ <br />of this permit which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, <br />acce'.erated or additional motti[oring to determine [he name and impact of the noncomplying discharge is required. <br />