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PART II <br />Page No. 20 <br />Permit No.: CO-0038776 <br />7. Upsets (continued) <br />In addition to the demonstration reGGUired above, a ppennittee who wishes to establish the affirmative defense of upset for a <br />violation of effluent limitations basedupon water quality standazds shall also demonstrate through monitoring, modeling or other <br />methods that the relevant standazds were achieved m the receiving water. <br />c. Burden of Proof <br />In any enforcement proceeding, the penruttee seeking to establish the occurrence of an upset has the burden of proof. <br />8. Dischazee Point <br />Any dischazge to the waters of the State from a point source other than specifically authorized by this penni[ is prohibited. <br />9. Proper Operation and Maintenance <br />The pennittee 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 pemiittee as necessary to achieve compliance with the conditions of this permit. <br />Proper operation and maintenance includes effective performance and adequate laboratory and process controls, including <br />appropnate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems <br />wlhuich aze installe by the pemiittee only when necessary to achieve compliance with the conditions of the permit. <br />10. Minimization of Adverse Impact <br />The pertnittee shall take all reasonable steps to m;n;m;~e or prevent any dischazge of sludge use or disposal in violation of this <br />pemmt, which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated or <br />additional 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 accordance with <br />applicable state and federal regulations. <br />For alI domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance with all State <br />and Federal regulations. <br />12. Submission of Incorrect or Incomplete Information <br />Where the pemuttee failed to submit any relevant facts in a permit application, or submitted incorect information in a perrit <br />application or report to the Division, the permittee shall ppromiptly subrmt the relevant utformation which was not submitted or any <br />additional information needed to cored any erroneous information previously submitted. <br />13. Bwass <br />a. Bypasses aze prohibited and the Division may take enforcement action against the pemiittee for bypass, unless: <br />i) The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; <br />ii) There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, <br />or maintenance during normal periods of egmpment downtime. This condition is not satisfied if adequate back-u <br />equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which <br />occured during normal periods of equipment downtime or preventive maintenance; and <br />iii) Proper notices were submitted in compliance with Part II.A.4. <br />b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities which causes <br />them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in <br />the absence of a bypass. Severe property damage does. not mean economic loss caused by delays in production. <br />c. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for <br />essential maintenance or to assure optunal operation. These bypasses aze not subject to the provisions of pazagraph (a) above. <br />d. The Division may approve an anticipated byyppass, after considering adverse effects, if the Division determines that the bypass <br />will meet the conditions specified in pazagraph (a) above. <br />14. Reduction, Loss, or Failure of Treatment Facility <br />The permittee has the duty to halt or reduce any activity ff necessary to maintain compliance with the effluent limitations of the <br />pemut Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance <br />with its permit, control production, control sources of wastewater, or all dischazges, until the facility is restored or an alternative <br />method of treatment is provided. This provision also applies to powez failures, unless an alternative power source sufficient to <br />operate [he wastewater control facilities is provided. <br />It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in <br />order to maintain compliance with the conditions of this pernrit. - <br />a~~ea atsnooa <br />