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rage r~o. to Permit No. CO-0034142 NOTIFICATION REQUIREMENTS (Continued) 7. Upsets a. Effect of an Unset An upset constitutes an affirmative defense to an action brought for noncompliance with pemrit effluent limitations if requirements of paragraph (b) of this section are met. No detemination made during administrative review of claims that noncompliance was caused by upset, and before an acrion for noncompliance, is final administrative action subject to judicial review. b. Conditions Necessary for a Demonstration ofUnset A ' pemilttee who wishes to establish the affmmative defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that i. An upset occurred and that the pemittee 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 permittee submitted proper notice of the upset as required in Part IIA.3. of this permit (24-how notice); and iv. The pemvttee complied with a~ remedial measwti.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 the environment. Tn addition to the demonstration required above, a permittee who wishes to establish the affumanve-defense of upset fora violation of efluent ]imitations based upon water quality standards shall also demonstrate through monitoring, modeling or °' other methods that the relevant standazds were achieved in the receiving water. A pemittee who wishes to establish the affirmative defense of upset shall demonstrate .through properly signed contemporaneous operating logs, or other relevant evidence that: - i. An upset occurred and that the pemilttee can identify the specific cause(s) of the upset; and ii. The pemiltted facility was at the time being properly operated and maintained; and iii. The permittee submitted proper notice of the upset as requved in Part II.A.4. of this permit(24-how notice); and • iv. The permittee complied with any remedial measwe necessary to minimize or prevent any dischazga or sludge use or disposal in violation of this pemit which has a reason able likelihood of adversely affecting human health or the envuonment. - .. ... In addition to the demonstration required above, a~~pemittee who wishes to establish the affirmative defense of upset for a violation of effluent .]imitations 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. BwdenofProof In any enforcement proceeding the pennittee seeking to establish the occurrence of an upset has the bwden of proof. 8. Discharee Point Any discharge to the waters of the State from a point sowce other than specifically authorized by This permit is prohtbited. 9. Proper C-eration 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 pemittee as necessary to achieve compliance with the conditions of this petrnit. Proper operanon and maintenance includes effective performance and adequate laboratory and process controls, including appropriate quality asswance procedwes. This provisron requues the operation of back-up or auxi]iary~Yacilities or sir^.iar systems, which are installed by the permittee only when necessary to achieve compliance with the conditions oSthe permit. ]0. Minimization of Adverse Impact I~ The pennittee shall take al] reasonable steps to minvnize or prevent any discharge of sludge use or disposal in v5olation permmt, which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelera additional monitoring to determine the natwe and impact of the noncomplying dischazga is requued. • 1