2008-12-04_PERMIT FILE - C1981033

• Permit No: C1981033
• IBM Index Class Name: Permit File
• Doc Date: 12/4/2008
• Section_Exhibit Name: EXHIBIT 04 PERMITS FOR MINING
• Media Type: D
• Archive: No

PART II
Page No. 15
Permit No.: co-0044377
7. Upsets (continued)
• 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 II.A.4. of this permit (24-hour notice); and
iv) The petmittee complied with any remedial measure necessary to minimize or prevent anyy discharge or sludge use or
disposal in violation of this permit, which has a reason able likelihood of adversely atfecting human health or the
environment.
In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset for a
violation of effluent limitations based upon ~yater quality standards 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. Dischar eg Point
Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited.
9. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related
appurtenances) which are 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 of back-up or. auxiliary facilities or similar systems
which are installed by the permittee only when necessary to achieve compliance with the conditions of the permit.
10. Minimization of Adverse Impact
The permittee 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 likelihood of adversely affecting human health or the environment. As necessary, accelerated or
additional monitoring to determine the nature and impact of the noncomplying discharge is required.
11. Removed Substances
Solids, stud es, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in accordance with
applicable sate 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 permittee shall promptly submit the relevant information which was not submitted or any
additional information needed to correct any erroneous information previously submitted.
13. Bypass
a. Bypasses are prohibited and the Division may take enforcement action against the permittee 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 odequate back-u
equipment should have been installed in the exercise of reasonable 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 1[.A.4.
b. "Severe property damage" as used in this Subsection means 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 may allow a bypass to occur which does not cause effluent limitations 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.
d. The Division may approve an anticipated bypass, after considering adverse effects, if the Division determines that the bypass
will meet the conditions specifed in paragraph (a) above.
14. Reduction Loss or Failure of Treatment Facility
The permittee has the duty to halt.oi• reduce any activi if necessaryy to.maintain compliance with the effluent limitations of.the
permit. Upon reduction, loss, or failure of the treatment~acility, the permittee shall, to the extent necessary to maintain coinplia.nce
• , with its permit, control production., cgntrbl sources of wastewater, or all discharges, until the' facility is restored or an alternative
method of treatment is provided. This.:provision also applies to power failures, .unless an alternative power source sufficient to
operate the wastewater control facilities is provided.
It shall not be a defense for a permittee in an enforcement actiori that it would be necessary to halt or reduce the permitted activity in
order to maintain compliance with the conditions ofthis permit.
Revised !0/29/2008