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PART II <br />Page 18 <br />Permit No. COG-500000 <br />A•MANAGEMENT REQUIItEMENTS <br />if it is for essential maintemace W assure efficient operation. <br />Bypass is prohibited, and the Division may rake eaforcetomt action against a permittee for bypass, unless: <br />a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; <br />b. There wem no feasible altetnativee to the bypass, suc]r en the use of auxiliary tmatmeat facilities, retortion of <br />untreated wastes, or mainteomce doting nornud periods of equipment downtime. This condition is not satisfied <br />if the peratittee could have iastallad adequate barYup equipment to prevent a bypass which occurred during <br />normal periods of equipment downtime or preventative maintenanx; and <br />c. The permittee submitted notices as required in 'Bypass Notifiation', Part II.A.6. <br />Bypass Notification <br />If the permittx knows in advance of the need for a bypass, a notice shall be submitted, at least ten days before the date <br />of the bypass, to the Division and the Eavi:onmmtal Protection Agency (EPA). The bypass shall be subject to <br />Division approval sad limitations imposed by the Division sad EPA. <br />7. U se <br />a. Effect of as Upset <br />An upset camstitutee m affumative defense to an action brought for aoncoatpliaace with permit effluent <br />lintitatieas if the tequiremmta of paragraph b of this section ate ntet. (No deri • 'on made during <br />adnnistrative review of claims that noncompliance was caused by upset, sad before an action for <br />noncompliance, ie final administrative action subject W judicial review.) <br />b. Conditions Neotssary for a D®onsttatioa of Upset <br />A pertnittee who wishes to establish the affirmative defense of upsU shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />1) An upset occurnad and that the permittee can identify the specific cause(s) of the upset and <br />2) The permitted facility was at the time being Properly operated; and <br />3) The perntittx submitted notice of the uP~ u required in Part II.A3. of this permit (24-hour notice); <br />and <br />4) The petmittee complied with nay mmedial meaeuma xequirod under Section 122.7(d) of the federal <br />regulations. <br />c. Burden of Proof <br />In any enfotcetnmt pmceediag the pertnittee seeking to establish the occurrence of as upset has the burden of <br />proof. <br />. Renoved Substantrs <br />Solids, sludges, or other pollutants removed in the course of tmatment or control of wastewaters shall be properly <br />disposed of in a manner such as to prevort nay pollutant from such materials from entering waters of the State. <br />