2009-05-19_REVISION - M1977285 (32)

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Part 11 Page 19 of 22 Permit No. COR-040000 A. MANAGEMENT REQUIREMENTS (cont.) 3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and 4) The permittee complied with any remedial measures required under Section 122.7(d) of the federal regulations. c. Burden of Proof in any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 7. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. Minimization of Adverse Imnact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any terms and conditions specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 9. ' Reduction, Loss or Failure of Stormwater Controls il* The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. Upon reduction;, loss, or failure of the stormwater control, the permittee shall, to the extent necessary to maintain compliance with its permit, control production, or remove all pollutant sources from exposure to stormwater, or both until the stormwater controls are restored or an alternative method of treatment/control is provided. 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 order, to maintain compliance with the conditions of this permit. 10. Prover 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 to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, 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 only when necessary to achieve compliance with the conditions of the permit. B. RESPONSIBILITIES Inspections and RiO t to Entry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized. representative(s), upon the presentation of credentials: a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c. To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee staff on alleged violations and other matters related to the permit, and access to any and all facilities or areas within the permittee's premises that may have any effect on the discharge, permit, or any alleged violation. l