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<br />PART II <br />Page 13 of 19 <br />A. MANAGEMENT REQUTRFMF*TT'S (CONTINUED) <br />7. IIPsets <br />a) Effect of an upset <br />An upset constitutes an affirmative defense to an action brought <br />far noncompliance with technology-based permit effluent limitations <br />if the requirements of paragraph (b} of this section are met. No <br />determination made 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 judicial <br />review. <br />b) Conditions necessary for a demonstration of upset <br />13 A permittee who wishes to establish the affirmative defense of upset <br />shall demonstrate through properly signed contemporaneous operating <br />logs, or other relevant evidence that: <br />(i) An upset occurred and that the permittee can identify the <br />specific cause(s) of the upset; <br />(ii) The permitted facility was at the time being properly <br />operated; and <br /><iii) The permittee submitted notice of the upset as required in <br />Part II A.3 of this permit (24-hour notice). <br />(iv) The permittee complied with any remedial measures required <br />under Section 122.7(d) of the federal regulations. <br />c) Burden of proof <br />In any enforcement proceeding the permittee seeking to 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 treatment <br />or control of wastewaters shall be disposed of in a manner such as to <br />prevent any pollutant from such materials from entering waters of the <br />State. <br />Code: i - 27 Date: 1 - 84 <br />