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PART I <br />Page No. 35 <br />Permit No.: CO-0000213 <br />iv) The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use <br />or disposal in violation of this permit which has a reason able likelihood of adversely affecting human health or <br />the environment. <br />In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset <br />for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, <br />modeling or other methods that the relevant standards were achieved in the receiving water. <br />c. Burden of Proof <br />In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. <br />8. Discharge Point <br />Any discharge to the waters of the State from a point source other than specifically authorized by this permit is <br />prohibited. <br />9. Proper Operation and Maintenance <br />The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and <br />related appurtenances) which are installed or used by the permittee as necessary to achieve compliance with the conditions <br />of this permit. Proper operation and maintenance includes effective performance and adequate laboratory and process <br />controls, including appropriate quality assurance procedures. This provision requires the operation of back-up of <br />auxiliary facilities or similar systems, which are installed by the permittee only when necessary to achieve compliance <br />with the conditions of the permit. <br />10. Mininuzation of Adverse Impact <br />The permittee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of <br />this permit which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, <br />accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. <br />11. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in <br />accordance with applicable state and federal regulations. <br />For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance <br />with all State and Federal regulations. <br />12. Submission of Incorrect or Incomplete Information <br />Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a <br />permit application or report to the Division, the permittee shall promptly submit the relevant information which was not <br />submitted or any additional information needed to correct any erroneous information previously submitted. <br />13. Bvpass <br />a. Bypasses are prohibited and the Division may take enforcement action against the permittee for bypass, unless: <br />i) The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; <br />ii) There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of <br />untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied <br />Attachment 2.05.3(3)-18-39 <br />