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(3) <br />-artII <br />Page No. 18 <br />Permit No.: CO- 0027529 <br />The permittee submitted proper notice of the upset as required in Part II A 4. of this permit (24 -hour notice), and <br />(4) The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge <br />use or disposal in violation of this permit which has a reason able likelihood of adversely affecting human health <br />or the environment. <br />In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset for <br />a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring, <br />modeling or other methods that the relevant 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 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 permit is prohibited. <br />9. Proper Operation and Maintenance <br />The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related <br />appurtenances) which are installed or used by the permittee as necessary to achieve compliance with the conditions of this <br />permit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls, <br />including appropriate quality assurance procedures. This provision requires the operation of back -up or auxiliary facilities or <br />similar systems which are installed by the permittee only when necessary to achieve compliance with the conditions of the <br />permit. <br />10. Minimization of Adverse Impact <br />The permittee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of <br />this permit which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, <br />accelerated 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, the permittee shall promptly submit the relevant information which was not submitted or <br />any additional information needed to correct any erroneous information previously submitted <br />13. Bypass <br />a. Bypasses are prohibited and the Division may take enforcement action against the permittee for bypass, unless: <br />(1) The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; <br />(2) There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities, retention of <br />untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied <br />if adequate back -up equipment should have been installed in the exercise of reasonable engineering judgment to <br />prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and <br />