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Part II Page 19 of 22 <br />Permit No. COR-040000 <br />?. A. MANAGEMENT REQUIREMENTS (cont.) <br />3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and <br />4) The permittee complied with any remedial measures required under Section 122.7(d) of the federal regulations. <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 />Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed of <br />in a manner such as to prevent any pollutant from such materials from entering waters of the State. <br />8. Minimization of Adverse Impact <br />The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from <br />noncompliance with any terms and conditions specified in this permit, including such accelerated or additional monitoring as <br />necessary to determine the nature and impact of the noncomplying discharge. <br />9. Reduction, Loss, or Failure of Stormwater Controls <br />The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit requirements. <br />Upon reduction, loss, or failure of the stormwater control, the permittee shall, to the extent necessary to maintain compliance <br />with its permit, control production, or remove all pollutant sources from exposure to stormwater, or both until the stormwater <br />• controls are restored or an alternative method of treatment/control 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 <br />activity in order to maintain compliance with the conditions of this permit. <br />10. 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 <br />adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the <br />operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions <br />of the permit. <br />B. RESPONSIBILITIES <br />Inspections and Right to Entry <br />The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or <br />their authorized representative(s), upon the presentation of credentials: <br />a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are <br />required to be kept under the terms and conditions of this permit; <br />b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this <br />permit and to inspect any monitoring equipment or monitoring method required in the permit; and <br />c. To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water <br />( pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited <br />\ to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing permittee <br />staff on alleged violations and other matters related to the permit, and access to any and all facilities or areas within the <br />permittee's premises that may have any effect on the discharge, permit, or any alleged violation.