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PART 11 <br />Page 15 <br />Permit No. COG-500000 <br />A_ MANAGEMENT REQUIREMENTS <br />Upsets (continued) <br />4) The pernaittee complied with any remedial measures required under Section 122.7(d) of the federal regulations; and <br />5) The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in <br />violation of this permit, which has a reasonable likelihood of adversely affecting human health or the <br />environment. <br />6) In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of <br />upset for a violation of effluent limitations based on water quality standards shall also demonstrate through <br />monitoring, 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. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a <br />manner such as to prevent any pollutant fiom such materials from entering waters of the State: <br />9. Minimization of Adverse LnMact <br />Ile permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from any discharge. As <br />necessary, accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. <br />10. Discharge Point <br />Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited <br />11. Reduction. Loss, or Failure of Treatment Facility <br />The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the <br />permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance <br />with its permit, control production, or all discharges, or both until the facility is restored or an alternative method of treatment is <br />provided. This provision for example, applies to power failures, unless an alternative power source sufficient to operate the <br />wastewater control facilities is provided. <br />It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in <br />order to maintain compliance with the conditions of this permit. <br />12. Proper Operation and Maintenance <br />The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related <br />appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper <br />operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate <br />laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of <br />back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. <br />B. RESPONSIBILITIES <br />Inspections and Right to Entry <br />The permittee shall allow access to the Director of the Division, the EPA Regional Administrator, and/or their authorized <br />representative, upon the presentation of credentials. In the making of such inspections, investigations, and determinations, the <br />Division, in so far as practicable, may designate as its authorized representatives any qualified personnel of the Department of <br />Agriculture. The Division may also request assistance from any other state or local agency or institution.