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PART ll~ " <br />Page 18 <br />Permit No. CO-0078024' <br />A. MANAGEMENT REQUIREMENTS <br />b) Conditions Necessary for a Demonstration of Upset <br />A perrrtittee who wishes to establish [he 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 persnittee can identify the specific cause(s) of the upset; and <br />(ii) The pemutted facility was at the time being properly operated; aad <br />(iii) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and <br />(iv)The permittee complied with any remedial measures required under 40 CFR 122.7(d) of the federal. regulations. <br />c) Burden of Proof <br />In any enforcement proceeding the perrtuttee seeking to establish the occurrence of an upset has the burden of proof. <br />y. <br />$, Remnvwd Svhetanres <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a <br />manner such as to prevent any pollutant from such materials from entering waters of the State. <br />For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance with all <br />Stale and Federal regulations. <br />9. Minimivai'nn of Advercr impart <br />The pemilttee shall fake al] reasonable steps to rnhtirnize any adverse impact to waters of the State resulting from noncompliance <br />with any effluent limi[a[iovs specified in this pemvt. As necessary, accelerated or additional monitoring [o deteradne the nature <br />and impact of the noncomplying discharge is required. <br />10. Dianhalge. Pnint <br />Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. <br />11. Rednet'nn i nc~nr Failure of Treatment Faril'fv <br />The permittee has the duty [o halt or reduce any actlviry if necessary to maintain compliance with the effluent limitations of the <br />permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain <br />compliance with its perrrrit, control production, control sources of wastewater, or all discharges, until the facility is restored or an <br />al[ema[ive method of treatment is provided This provision also applies to power failures, unless an al[emadve power source <br />sufficient to operate the wastewater control facilities is provided. <br />[t shall not be a defense for a pennittee in an enforcement action [ha[ iI would be necessary to halt or reduce the permitted activity <br />in order to maintain compliance with the conditions of this permit. <br />12. Pruner neratinn and Maintenance <br />The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related <br />appurtenances) wMch are installed or used by the permittee to achieve compliance with the conditions of this permit Proper <br />operation and maintenance includes effective performance, adequate funding, adequate operator staffing and mining, and <br />adequate laboratory and process controls, including appropriate qualiTy assurance procedures. This provision requires the <br />operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of <br />the perndt. <br />