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Pan II Page 17 of 20 <br />Permit No. COR-040000 <br />A. MANAGEMENT REQUIREMENTS (cont.) <br />6. Upsets <br />a. Effect of an Upset <br />An upset constitutes an affirma[ive 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 claiats 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 permittee 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 the 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 requited 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 treatmen[ 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. Minimisation of Adverse Imnatt <br />The permittee shall take all reasonable steps to m;ri;m;se any adverse impact to waters of the State resulting from <br />noncompliance with any effluent limitations specified in this permit, including such accelerated or addi[ional monitoring <br />as necessary to determine the nature and impact of.the noncomplying dischazge. <br />9. ReduMion, Loss, or Failure of Treatment Facility <br />The permittee has the dory to hal[ or reduce any activity if necessary to maintain compliance with dte permit <br />requirements. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to <br />maintain wmpliance with its permit, wntrol production, or all dischazges, or both until the facility is restored or an <br />alternative method of [reatment is provided. <br />It shall not be a defense for a permittee in an enforcement action the[ it would be necessary to halt or reduce the <br />permitted activity in order to maintain compliance with the conditions of this permit. <br />i 10. Proner Operation 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 [o achieve compliance with the conditions of this <br />permit. Proper operation and maintenance include effective performance, adequate funding, adequate operator staffing <br />and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This <br />