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rat5c u Pcrtnit No. COG-500000 .0., MANAGEMENT REQUIREMENTS Upsets (continued) 4) The permittee complied with any remedial measures requred under Section 122.7(d) of the federal regulations; and 5) The pezmittee shall take al] reasonable steps to minim;ze or prevent any discharge or sludge use or disposal in violation of this permit, which has a reasonable likelihood of adversely affecting human health or the environment. 6) In addition to the demonstration required above, a pertnittee who wishes to establish the afT-umative defense ofupset for a violation of effluent limitations based on water quality standazds shall also demonstrate through monitoring, modeling, or outer methods that the relevant standazds were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding, the pertnittee seeking to establish the occurrence of an upset has the burden of proof. 8. Removed Substances Solids, sludges, or outer pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in r i manner such as to prevent any pollutant from such materials from entering waters of the State. 4. Minimization of Adverse Irrmact The permittee shall takc all reasonable steps to m;n;m;~e any adverse impact to waters of the State resulting from any discharge. P necessary, accelerated of additional monitoring to determine the nature and impact of the noncomplying dischazge is required. 10. Dischaz¢e Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is proht~ited. 11. Reduction, boss, or Failure of Treatment Faciliri The pertnittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of r permit. Upon reduction, loss, or failure of the treatment facility, the pemtittee shall, to the extent necessary to maintain compliar with its permit, control production, or all dischazges, or both until the facility is restored or an alternative method of treatmen provided. This provision for example, applies to power failures, unless an altcrnative power source sufficient to operate wastewater control facilities is provided It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activit order to maintain compliance with the conditions of this permit. 12. Proper Operation and Maintenance The permtittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and rel; appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Pr operation and ttraintettance includes effective performance, adequate funding, adequate operator stafFing and training, and adeq laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operatic, back-up or auxiliary facilities or sitnilaz systems only when necessary to achieve compliance v.~th the conditions of the pen B. RESPONSIBILITIES 1. Inspections and Right to Entrv The pertttittee shall allow access to the Duector of the Division, the EPA Regional Adtninistratot, and/or their authc representative, upon the presentation of credentials. In the making of such inspections, investigations, and detemtination Division, in so faz as practicable, may designate as its authorized representatives any qualified personnel of the Deparnn~ Agricultttre. The Division may also request assistance from any other state or local agency or institution.