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PART u <br />Page No. 24 <br />Permit No. CO-0044377 <br />• A. NOTIFICATION REQUIREMENTS <br />7. Uasets <br />a. Effect of an Upset. <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if <br />the requirements of paragraph (b) of this section are met. No determination made during administrative review of <br />claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative <br />action subject to judicial review. <br />b. Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative defense oC upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />i. An upset occurred and that the permittee can identify the specific cause(s) of the upset; and <br />ii. The permitted facility was at the time being properly operated and maintained; and <br />iii. The permittee submitted proper notice of the upset as required in Pan II.A.4. of this permit (24-hour notice); <br />and <br />iv. The pcnnittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge <br />use or disposal in violation of this permit which has a reason able likelihood of adversely affecting human health <br />or the environment. <br />• In addition to the demonstration required above, a perntittce who wishes to establish the a(finnative defense of upset <br />(or 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. Proncr Oaeration and Maintenance <br />The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and <br />related appunenances) which are installed or used by the permittee as necessary to achieve compliance with the <br />conditions of this permit. Proper operation and maintenance includes effective performance and adequate laboratory and <br />process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or <br />auziliary facilities or similar systems which aze installed by the permittee only when necessary to achieve compliance <br />with the conditions of the permit. <br />10. Minimization of Adverse impact <br />The permittee shall take all reasonable steps to minimize or prevent any discharge o(sludge use or disposal in violation <br />• of 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 o(the noncomplying discharge is required. <br />!A'D6P NovemEer li, 1991 <br />