2012-01-09_PERMIT FILE - C1981035A

Home Browse Search

PARTII Page No. IS Permit No. COG-850000 A. NOTIFICATION REQUIREMENTS (continued) • In addition to the demonstration required above, a pemtittee who wishes to establish the affirmative defense of upset for a violati~ of effluent limitations based upon water quality standazds shall also demonstrate through monitoring, modeling or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Discharee Point Any discharge to [he waters of the State from a point source other than specifically authorized by this petrnit is prohibited. 9. Proper 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 dre pertnittee as necessary to achieve compliance with the conditions ofthis permit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation ofback-up or auxiliary facilities or similaz systems, which are installed by the pemtittee only when necessary to achieve compliance with the conditions of the permit. 10. Minimization of Adverse Impact The pemuttee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of this permit, which has a reasonable likelihood of adversely affecting human health or the enviromnent. As necessary, accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. 11. Removed Substances • Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in accordance wits. applicable state and federal regulations. . For all domesric.wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance withall State and Federal regulations. ~~ ~ ~ - 12. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in apennit application or report to the Division, the pemrittee shall promptly submit the relevant information, which was not submitted, or any additional information needed to correct any erroneous information previously subrztitted 13. Bwass a. Bypasses are prohibited and [he Division may take enforcement action against the per.-nittee for bypass, unless: i. The bypass is unavoidable to prevcnt loss of life, personal injury, or severe property damage; ii. There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and iii. Proper notices were submitted in compliance with Part II.A.4. b. "Severe property damage" as used in &.is Subsection means substantial physical dam: ;,e to the treatment facilities, which causes • them to become inoperable, or subsL~ntia] and permanent loss of natural resources, w§ricii can reasonablybe expected [o occur inth~ absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. c. The petmittee may allow a bypass to occur which does not cause effluent limitations to 1:e exceeded, but only if it also is for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions ofparagraph a. above.