2018-11-05_PERMIT FILE - C1981044 ‎(12)‎

• Permit No: C1981044
• IBM Index Class Name: Permit File
• Doc Date: 11/5/2018
• Section_Exhibit Name: EXHIBIT 02 OTHER REQUIRED PERMITS
• Media Type: D
• Archive: No

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PART II
Page 13 of 19
A. N_4VAGE.'= REQUIR --NTS (CONTINUED)
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:
(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 enforce:ent 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.
Code: i - 27 Date: 1 - 84