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• <br />PART II <br />Page 19 <br />Permit No. COG-850000 <br />A. MANAGEMENT REQUIREMENTS <br />7. Upsets (continued) <br />(iii) The permittee submitted notice of the upset as required in <br />Part II.A.3. of this permit (24-hour notice); and <br />(iv) The permittee complied with any remedial measures required <br />under Section 122.7(d) of the federal regulations. <br />c) Burden of Proof <br />In any enforcement proceeding the permittee seeking to establish <br />the occurrence of an upset has the burden of proof. ' <br />• <br />9. Minimization of Adverse Impact <br />The permittee shall ta'ce all reasonable steps to minimize any adverse <br />impact to waters of the State resulting from noncompliance with any <br />effluent limitations specified in this permit, including such <br />accelerated or additional monitoring as necessary to determine the <br />nature and impact of the noncomplying discharge. <br />10. Discharge Point <br />Any discharge to the waters of the State from a point source other <br />than specifically authorized by this permit is prohibited. <br />11. Reduction. Loss, or Failure of Treatment Facility <br />The permittee has the duty to halt or reduce any activity if necessary <br />to maintain compliance with the effluent limitations of the permit. <br />Upon reduction, loss, or failure of the treatment facility, the <br />permittee shall, to the extent necessary to maintain compliance with <br />its permit, control production, or all discharges, or both until the <br />facility is restored or an alternative method of treatment is <br />provided. This provision for example, applies to power failures, <br />unless an alternative power source sufficient to operate the <br />wastewater control facilities is provided. <br />• <br />8. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of <br />treatment or control of wastewaters shall be properly disposed of in a <br />manner such as to prevent any pollutant from such materials from <br />entering waters of the State. <br />It shall not be a defense for a permittee in an enforcement action <br />that it would be necessary to halt or reduce the permitted activity in <br />order to maintain compliance with the conditions of this permit. <br />J-21ii <br /> <br />