Laserfiche WebLink
6. Bypass Notification <br />PART II <br />Page 17 of 26 <br />Permit No.: CO0036251 <br />If the permittee knows in advance of the need for a bypass, a notice shall be submitted, at least ten <br />days before the date of the bypass, to the Division. The bypass shall be subject to Division approval <br />and limitations imposed by the Division. Violations of requirements imposed by the Division will <br />constitute a violation of this permit. <br />7. Upsets <br />a. Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit <br />effluent limitations if the requirements of paragraph (b) of this section are met. No determination <br />made during administrative review of claims that noncompliance was caused by upset, and before <br />an action for noncompliance, is final administrative action subject to judicial review. <br />b. Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative defense of upset shall demonstrate through <br />properly signed 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 Part II.A.4. of this permit <br />(24 -hour notice); and <br />iv) The permittee complied with any remedial measure necessary to minimize or prevent any <br />discharge or sludge use or disposal in violation of this permit which has a reason able <br />likelihood of adversely affecting human health or the environment. <br />In addition to the demonstration required above, a permittee who wishes to establish the <br />affirmative defense of upset for a violation of effluent limitations based upon water quality <br />standards shall also demonstrate through monitoring, modeling or other methods that the relevant <br />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 <br />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 <br />permit is prohibited. <br />