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PAR7II Page No. 15 Permit No. COG-850000 NOTIFICATION REQUIREMENTS (continued) . In addition to the demonstration required above, a petmittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based upon water quality standazds shall also demonstrate through monitoring, modeling or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Discharee Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 9. Proner Oneration and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) 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 provision requires the operation ofback-up or auxiliary facilities of similar systems, which aze installed by the permittee only when necessary to achieve compliance with dre conditions of the permit. 10. Minimization of Adverse Ittmact The petmittee shall take all reasonable steps to i*+i**+i~P or prevent any dischazge of sludge use or disposal in violation of this permit, which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated or additional monitoring to determine the nature and intact of the noncoagrlying discharge is required. 11. Removed Substances • Solids, sludges, or other pollutants removed in the course of 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 shall dispose of sludge in accordance with all State 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 pertnittee shall promptly submit the relevant information, which was not submitted, or any additional information needed to correct any erroneous information previously submitted 13. Bwass a. Bypasses aze prohibited and the Division tray take enforcement action against the pertnittee for bypass, unless: i. The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; ii. There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise ofreasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and iii. Proper notices were submitted in compliance with Part II.A.4. I ~ b. "Severe property damage" as used in this Subsection menus substantial physical damage to the treatment facilities, which causes them to become inoperable, or substantial and permanent loss of natural resources, which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. c. The permittee tray allow a bypass to occur which does not cause effluent limitatlons to be exceeded, but only if it also is for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of paragraph a. above.