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PART D Page No. Ig Permit No. CO-0OO0906 A. NOTIFICATION 12EQTJIItEMENTS (contimred) .• l inc is a. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with pewit eftuent limitations if the requirements of paragraph (b) of this section are met.' No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final adminishative action subject to judicial review. b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affimmtive defense of upset shall demonstrate though properly signed contemporaneous operating logs, or other relevant evidence that: i. Au upset occurred and that the permitee can identify the specific cause(s) of the upset; and ii. The permitted facility was at the time being properly operated and maintained; and iii. The permrttee submitted proper notice of the upset as required in Part II.A.4. of this pemnt (24hour notice); and iv. The permittee complied with any remedial measure necessary to minimize or prevent any discharge .or sludge use or disposal in violation of this permit, which has a reason able likelihood of adversely affecting human health or tbe environment. • In addition to the demonstration required above, a permittee who wishes to establish the affirmathve defense of upset_for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, modeling orother methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding, the pemittee seeking to establish the occurtence of an upset has the burden of proof. $, T)icrharoe Pnint Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 9. Pmtrier~peration and MaintPnancr The permitee shall at all times properly operate and maintain all facilities and systems of treatment and conitol (and related appnrtrnan~es) which aze 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 pmvisicn requires the operation of back-up of auxiliary facilities or similar systems which are installed by the perntittee only when necessary to achieve compliance with the conditions of the permit. 10. Minimi>atinn of Adverse Tmnact Tne pemrittee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of this permit, which has a reasonable hlkelihood of adversely affecting human health or the environment. As necessary, accelerated or additional monitoring to determine the nattue and impact of the noncomplying dischazge is required.