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• <br />PART II <br />Page 13 of 19 <br />A. :1lulAGG:4EN1' REOUIKl:11(1!'1'S (COP!'fi:lIJBD) <br />7. Upurt:z <br />a) @:ffect of an upset <br />An upuec conutltutea uu affirmative defence to an uctlon brought <br />for noncompliance with permit effluent limitations if the <br />requirements of paragraph (b) of this section are met. No <br />determinacinu made during administrative revluw of claims [hat <br />noncompliance was canned by upset, and beforu an action for <br />noncompliance, is final administrative action subject to <br />judicial review. <br />b) Condittions ^ecessary for a demonstration of upset <br />A permittee who wishes to establish the affirmative defense of <br />upset shall demonstrate through properly signed contemporaneous <br />operating logs, or other relevant evidence that: <br />C1 <br />J <br />(1) An upset occurred and that the permittee can Sdentify <br />the specific cause(s) of the upset; <br />(11) The permitted facility was at rise time being properly <br />operated; and <br />(111) The permittee submitted notice of the upset as required <br />in Part II A.3 of this perms[ (24-dour notice). <br />(Sv) The permittee complied with any remedial measures <br />required under Section 122.7(d) of the federal <br />regulations. <br />c) Burden of proof <br />In say enforcement proceeding the permittee seeking So establish <br />the occurrence of an upset has the burden of proof. <br />8. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of <br />treatment or control of wastewaters shall be disposed of !n a manner <br />such an to prevent any pollutant from such materials from entering <br />waters of the State. <br /> <br />Code: 1 - 27 Date: 1 - 84 <br />