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Pero it Issued: Elk River VVWTP Page 28 <br /> Permit Expires: Permit#:N N0020788 <br /> DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT <br /> Chapter 8. Total Facility Requirements <br /> 1. General Requirements <br /> 1.33 Upset Defense. In the event of temporary noncompliance by the Permittee with an applicable effluent limitation <br /> resulting from an upset at the Permittee's facility due to factors beyond the control of the Permittee,the <br /> Permittee has an affirmative defense to an enforcement action brought by the Agency as a result of the <br /> noncompliance if the Permittee demonstrates by a preponderance of competent evidence: <br /> a. The specific cause of the upset; <br /> b. That the upset was unintentional; <br /> c. That the upset resulted from factors beyond the reasonable control of the Permittee and did not result from <br /> operational error,improperly designed treatment facilities,-inadequate treatment facilities,lack of preventative <br /> maintenance;or increases in production which are beyond the design capability of the treatment facilities; <br /> d. That at the time of the upset the facility was being properly operated; <br /> e. That the Permittee properly notified the Commissioner of the upset in accordance with Minn.R.7001.1090, <br /> subp. 1,item I;and <br /> f. That the Permittee implemented the remedial measures required by Minn.R.7001.0150,subp.3,item J. <br /> Operation and Maintenance <br /> 1.34 The Permittee shall at all times properly operate and maintain the facilities and systems of treatment and control, <br /> and the appurtenances related to them which are installed or used by the Permittee to achieve compliance with <br /> the conditions of the permit. Proper operation and maintenance includes effective performance,adequate <br /> funding,adequate operator staffing and training,and adequate laboratory and process controls,including <br /> appropriate quality assurance procedures. The Permittee shall install and maintain appropriate backup or <br /> auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and,for all <br /> permits other than hazardous waste facility permits,if these backup or auxiliary facilities are technically and <br /> economically feasible Minn.R.7001.0150.subp. 3,item F. <br /> 1.35 In the event of a reduction or loss of effective treatment of wastewater at the facility,the Permittee shall control <br /> production or curtail its discharges to the extent necessary to maintain compliance with the terms and conditions <br /> of this permit.The Permittee- shall continue this control or curtailment until the wastewater treatment facility has <br /> been restored or until an alternative method of treatment is provided,(Minn.R. 7001.1090,subp.1,item C) <br /> 1.36 Solids Management. The Permittee shall properly store,transport,and dispose of biosolids,septage, sediments, <br /> residual solids,filter backwash,screenings,oil,grease, and other substances so that pollutants do not enter <br /> surface waters or ground waters of the state. Solids should be disposed of in accordance with local,state and <br /> federal requirements. (40 CFR 503 and Minn.R.7041 and applicable federal and state solid waste rules) <br /> 1.37 Scheduled Maintenance. The Permittee shall schedule maintenance of the treatment works during non-critical <br /> water quality periods to prevent degradation of water quality, except where emergency maintenance is required <br /> to prevent a condition that would be detrimental to water quality or human health.(Minn.R. 7001.0150. subp. <br /> 3,item F and Minn.R.7001.0150. subp.2,item B) <br /> 1.38 Control Tests. In-plant control tests shall be conducted at a frequency adequate to ensure compliance with the <br /> conditions of this permit. (Minn.R.7001.0150.subp. 3,item and Minn.R. 7001:0150. subp: 2,item B)- <br /> Changes to the Facility or Permit <br />