PERMFILE101726

• Permit No: C1981014
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: EXHIBIT 04 OTHER PERMITS
• Media Type: D
• Archive: No

PART II
Page No. 20
Permit No. CO-0036595
•~ A. NOTIFICATION REQUIREMENTS
., ~ ~_
a. Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations
the requirements of paragraph (b) of this section are met. No determination made during administrative review of
claims that noncompliance waz caused by upset, and before an action for noncompliance, is final administrative
action subject to judicial review.
b. Conditions Necessary for a Demonstration of Upset
A permittce who wishes to establish the affirmative defense of upset shall demonstrate through properly signed
contemporaneous operating logs, or other relevant evidence that:
i. An upset occurred and that the permittee can identify the specific cause(s) of the upset; and
ii. The permitted facility was at the time being properly operated and maintained; and
iii. The permittee submitted proper notice of the upset az required in Part II.A.4. of this permit (24-hour notice);
and
iv. The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge
use or disposal in violation of this permit which haz a reason able likelihood of adversely affecting 6utttan health
or the environrrtent.
•-~ In addition to the demonstration required above, a permittce who wishes to establish the affirmative defense of upset
for a violation of effluent limitations hazed upon water quality standards shall also demonstrate through monitoring,
modeling or other methods that the relevant standards were achieved in the receiving water.
c. Burden of Proof
In any enforcement proceeding the permittce seeking to establish the occurrence of an upset has the burden of proof.
8. Discharee Point
Any discharge to the waters of the State from a point source other than specifically authorized by this permit is
prohibited.
9. Prager 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 permittee az necessary to achieve compliance with the
conditions of this permit. Proper operation and maintenance includes effective performance 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 which are installed by the permittce only when necessary to achieve compliance
with the conditions of the permit.
10. Minimization of Adverse ImoaM
•~ The permittee shall take all reazonable steps to minimize or prevent any discharge of sludge use or disposal in violation
of this permit which haz a reazonable likelihood of adversely affecting human health or the environment. As necessary,
accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required.
INDV Ne,r~ 1~, Iw