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Part II Page 17 of 20 <br /> Permit No. COR-040000 <br /> A. MANAGEMENT REQUIREMENTS (cont.) <br /> 6. Upsets <br /> a. Effect of an Upset <br /> An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and <br /> requirements if the requirements of paragraph b of this section are met. (No determination made during <br /> administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is <br /> final administrative action subject to judicial review.) <br /> b. Conditions Necessary for a Demonstration of Upset <br /> A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br /> contemporaneous operating logs, or other relevant evidence that: <br /> 1) An upset occurred and that the permittee can identify 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 II.A.3. of this permit(24-hour notice); and <br /> 4) The permittee complied with any remedial measures required under Section 122.7(d)of the federal regulations. <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 /> 7. Removed Substances <br /> Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly <br /> disposed 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 /> The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from <br /> noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring <br /> as necessary to determine the nature and impact of the noncomplying discharge. <br /> 9. Reduction, Loss, or Failure of Treatment Facility <br /> The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit <br /> requirements. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to <br /> maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an <br /> alternative method of treatment is provided. <br /> It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted <br /> activity in order to maintain compliance with the conditions of this permit. <br /> 10. Proper Operation and Maintenance <br /> The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and <br /> related appurtenances)which are installed or used by the permittee to achieve compliance with the conditions of this <br /> permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing <br /> and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This <br />