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A. MANAGEMENT REQUIREMENTS (cont.) <br />4. Submission of Incorrect or Incomplete Information <br />PART II <br />Permit - Page 18 <br />Permit No. COR- 030000 <br />Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a <br />permit application or report to the Division. or relevant new information becomes available, the permittee shall promptly <br />submit the relevant application information yvhich was not submitted or any additional information needed to correct any <br />erroneous information previously submitted. <br />5. Bypass <br />a) A bypass. yyhich causes effluent limitations (i.e., requirements to implement I3MPs in accordance with Parts 1.13.3 <br />and 1.1)2 of the permit) to he exceeded is prohibited. and the Division may take enforcement action against a <br />permittee for such a by pass. unless• <br />I) 13ypass was unavoidable to prevent loss of life. personal injury, or severe property damage; <br />2) 'There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities (e.g., <br />alternative BMPs). retention of untreated wastes. or maintenance during normal periods of equipment <br />downtime This condition is not satisfied lithe permittee could have installed adequate backup equipment (e.g.. <br />implemented additional BMPs) to prevent a bypass which occurred during normal periods of equipment <br />downtime or preventative maintenance; and <br />3) The permittee submitted notices as required in "Non- Compliance Notification," Part II.A.3. <br />6. Upsets <br />a) Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with permit <br />limitations and requirements lithe requirements of paragraph b of this section are met. (No determination made <br />during administrative review of claims that noncompliance was caused by upset, and before an action for <br />noncompliance. is final administrative action subject to judicial review.) <br />b) Conditions Necessary for a Demonstration of Upset: A permittee who wishes to establish the affirmative defense <br />of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant e' idence that: <br />1) An upset occurred and that the permittee can identity the specific cause(s) of the upset; <br />2) The permitted facility was at the time being properly operated; <br />3) The permittee submitted notice of the upset as required in Part 11.A.3. of this permit (24 -hour notice); and <br />4) I'he permittee complied with any remedial measures required under 40 CFR Section 122.41(d) of the federal <br />regulations or Section 61.8(3)(h) of the Colorado Discharge Permit System Regulations. <br />c) Burden of Proof: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has <br />the burden of proof. <br />7. Removed Substances <br />Solids. sludges, or other pollutants removed in the course of treatment or control of discharges shall he properly disposed <br />of 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 />I he 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 <br />as necessary to determine the nature and impact of the noncomplying discharge. <br />