Laserfiche WebLink
<br />~. Y~Y~.GL`"=YT RiQUItZ'.:~..,~:5 (CCY;:`;uED) <br />7. Upsets <br />a) ~ffect of an upset <br /> <br />~.Ait; II <br />Page 13 of 19 <br />Aa upset constitutes an affirmative defense to an action hrought <br />for noncompliance with permit effluent ii3itations if the <br />requirements of paragraph (b) of this section are met. Vo <br />determination wade during administrative review of claims that <br />noncompliance was caused by upset, and before an action for <br />noncompliance, is final administrative action subject to <br />judicial review. <br />b) Conditions necessary for a demonstration of upset <br />A permlttee who wishes to establish the affirmative ~.~~ense of <br />upset shall demonstrate through properly signed contemporaneous <br />operating logs, or other relevant evidence that: <br />(1) An upset occurred'aad that the per~ittee can identify <br />the specific cause(s) of the upset; <br />(ii) The permitted facility vas at the time being properly <br />operated; and <br />(111) The permittee submitted notice of the upset as required <br />!a part II A.3 of this permit (25-hour notice). <br />(iv) The permittee complied with any remedial measures <br />required wader Section 122.7(d) of the federal <br />regulations. <br />c) Burden of proof <br />In nay enforcement proceeding the permittee seeking to establish <br />the occurrence of as 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 in a manner <br />such as to prevent any pollutant from such materials from enterin3 <br />eaters of the State. <br />Code: .1 - 27 pate: 1 - 84 <br />