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PART II Page No. 25 Permit No.: CO-0029599 A. NOTIFICATTON REQUIREMENTS • 6. Bypass Notification If the permittce knows in advance of the need for a bypass, a notice shall be submitted, at leazt ten days before the date of the bypass, to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. Violations of requirements imposed by the Division will constitute a violation of this permit. 7. Upsets a. Effect of an Uvset An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination made during adminisvative review of claims that noncompliance was caused by upset, and before an action for noacompliance, is final administrative action subject to judicial review. b. Conditions Necessary for a Demonstration of Uyset A permittee who wishes to establish Ute affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: i) An upset occurred and that the permittee can identify the specific cause(s) of the upset; and it) The permitted facility was at the time being properly operated and maintained; and iit) The permittee submitted proper notice of the upset as required in Part II.A.4. of this permit (24-hoar notice); and iv) The permittce complied with any remedial measure necessary to ~*+inimi~e or prevent any dischazge or sludge use or disposal in violation of this permit which has a reason able likelihood of adversely affecting human hea1W or the environment. In addition to the demonsvation required above, a permittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, • modeling or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof !n any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Discharge Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 9. Proper Operation and Maintenance The perrrtittee shall at a!! times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee as necessary to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by the permittee only when necessary to achieve compliance with the conditions of the permit. 10. Minimization of Adverse Imvact The permittee shall take all reasonable steps to minimize or preven[ any discharge of sludge use or disposal in violation of this permit which fins a reasonable likelihood of adversely affecting human health or [he envirorunent. As necessary, accelerated or addi[ional monitoring to determine the nature and impact of the noncomplying discharge is required. 11. Removed Substances Solids, sludges, or other pollutants removed in the course oC treatment or control of wastewaters shall be disposed in accordance with applicable state and federal regulations. For all domestic wastewater treatment works, at industrial facilities, the permittee shalt dispose of sludge in accordance • with all Slate and Federal regulations. 12. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, the perrnittee shall promptly submit the relevant information which was not submitted or any addi[ional information Deeded to correct any erroneous information previously submitted.