1988-04-11_PERMIT FILE - C1981008A ‎(14)‎

• Permit No: C1981008A
• IBM Index Class Name: PERMIT FILE
• Doc Date: 4/11/1988
• Doc Name: NPDES Permit CO-0000213
• Section_Exhibit Name: Tab 7 Appendix 7-6
• Media Type: D
• Archive: Yes

PART II
Page 13 of 19
A. MANAGEMENT REQUIREMENTS (CONTINUED)
7. Upsets
a) Effect of an upset
An upset constitutes an affirmative defense to an action brought
for noncompliance with technology-based permit effluent limitations
if the requirements 6f paragraph (b) of this section are met. No
determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.
b) Conditions necessary for a demonstration of upset
A permittee who wishes to establish the affirmative defense of
upset shall demonstrate through properly signed contemporaneous
operating logs, or other relevant evidence that:
(i) An upset occurred and that the permittee can identify the
specific cause(s) of the upset;
(ii) The permitted facility was at the time being properly
operated; and
(III) The permittee submitted notice of the upset as required in
Part II A.3 of this permit (24-hour notice).
(iv) The permittee complied with any remedial measures required
under Section 122.7(d) of the federal regulations.
c) Burden of proof
In any enforcement proceeding the permittee seeking to establish
the occurrence of an upset has the burden of proof.
8. Removed Substances
Solids, sludges, or other pollutants removed in the course of treatment
or control of wastewaters shall be disposed of in a manner such ass to
prevent any pollutant from such materials from entering waters of the
State.
Code: i - 27 Date: 1 - 84
7-6-21