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PART II <br />Page No. 26 <br />Peraut No.: CO-0000132 <br />iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. <br />iv) The level established by the Division in accordance with 40 CFR § 122.44(f). <br />6. Bwass Notification <br />If the pertnittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date of the <br />bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. Violations <br />of requirements imposed by the Division will constitute a violation of this permit. <br />7. Uasets <br />a. Effect of an Unset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with pemtit effluent limitations if the <br />requirements of pazagraph (b) of this section are met. No determination made during administrative review of claims that <br />noncompliance was caused by upset, and before an action for noncompliance, is fmal administrative action subject to <br />judicial review. <br />b. Conditions Necessary for a Demonstration of Unset <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 />i) An upset occurred and that the pemrittee can identify the specific cause(s) of the upset; and <br />ii) The permitted facility was at the time being properly operated and maintained; and <br />iii) The perntittee submitted proper notice of the upset as required in Part ILA.4. of [his pemtit (24-hour notice); and <br />iv) The permittee complied with any remedial measure necessary to m;n;m;ze or prevent any dischazge or sludge use or <br />disposal in violation of this pemrit which has a reason able likelihood of adversely affecting human health or the <br />environment. <br />In addition to the demonstration required above, a permittee who wishes to establish the affutnative defense of upset for a <br />violation of effiuent limitations based upon water quality standazds shall also demonstrate through monitoring, modeling <br />or other methods that the relevant standazds were achieved in the receiving water. <br />c. Burden of Proof <br />In any enforcement proceeding the pemuttee seeking to establish the occurrence of an upset has the burden of proof. <br />8. Discharee Point <br />Any discharge to the waters of the State from a point source other than specifically autttorized by this permit is prohibited. <br />9. Proper Operation and Maintenance <br />The pemtittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related <br />appurtenances) which aze installed or used by the pemrittee as necessary to achieve compliance with the conditions of this <br />pemtit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls, <br />including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or <br />similaz systems which are installed by the permittee only when necessary to achieve compliance with the conditions of the <br />pemrit. <br />10. Minimization of Adverse Impact <br />The pernrittee shall take all reasonable steps to m;n;m;~e or prevent any dischazge of sludge use or disposal in violafion of this <br />permit which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated <br />or addifional monitoring to determine the nature and impact of the noncomplying dischazge is required. <br />11. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in <br />accordance with applicable state and federal regulations. <br />Revised 03/22/04 <br />