_GENERAL DOCUMENTS - C1981017 (302)

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PART 11 Page 11 PERMIT NO.: COG-070000 A. MANAGEMENT REQLUREMENTS (CONTDUM) 7. Upsets a) Effect of an upset An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of 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: () 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 as to prevent any pollutant from such materials from entering waters of the State. 9. Minimization of Adverse-Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 10. Discharge Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited.