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PART II <br />Page No. 29 <br />Permit No.: CO-0000906 rmative <br />for In addition to the demonstration required above, <br />ut shall also demonstrate, through mon toringf mupset odel nga <br />violation of effluent limitations based upon water quality standards <br />or other methods that the relevant standards were achieved in the receiving water. <br />c. Burden of Proof <br />establish the occurrence of an upset has the burden of proof. <br />any enforcement proceeding the permittee seeking to <br />In <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 prohibited. <br />9. Proper Operation and Maintenance <br />The perrnittee shall at all times properly operate and maintain <br />as necessary to achieve compliance with the conditions of this related <br />appurtenances) which are installed or used by the pe <br />permit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls, back <br />auxiliary <br />facilities including appropriate quality assurance heroeemuttee only when necessary to achieve compliance w th the conditions of the or <br />similar systems which are installed by tP <br />permit. <br />10. Minimization of Adverse Impact ischare of sludge use The permittee shall take all reasonable steps f to mini affecting human health ogthe environment. Adisposal in s necessaryloaccele at dis <br />permit which has a reasonable likelihood o adversely <br />or additional monitoring to determine the nature and impact of the noncomplying discharge is required. <br />11. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in <br />accordance with applicable state and federal regulations. <br />For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance with <br />all State and Federal regulations. <br />12. Submission of Incorrect or Incomplete Information <br />Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit <br />application or report to the Division, to correct he per any erroneous information prey relevant i n or d tion which was not submitted or <br />any additional information needed <br />13. Bypass <br />a. Bypasses are prohibited and the Division may take enforcement action against the pem- ittee for bypass, unless: <br />i) The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; <br />ii) There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated <br />wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate <br />back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a <br />bypass which occurred during normal periods of equipment downtime or preventive maintenance; and <br />• iii) Proper notices were submitted in compliance with Part I1.A.4. <br />b. "Severe property damage" as used in this Subsection means substantial physical damage to the treatment facilities which <br />causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be <br />expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in <br />production.