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~?,,. . <br />A. M1tANAGEMENT REQUIREMENTS <br />7. Upsets(con[inued) <br />b) Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />(i) An upset occurred and that the permittee can identify the specific cause(s) of the upset; and <br />(ii) The permitted facility was at the time being properly operated; and <br />(iii) The permittee submitted notice of the upset as required in Part II.A.3. of this pemnit (24-hour notice); and <br />(iv)The permi[ee complied with any remedial measures required under 40 CFR 122.7(d) of the federal regulations. <br />c) Burden of Proof <br />In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. <br />S. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of <br />in a manner such as to prevent any pollutant from such materials from entering waters of the State. <br />For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance with <br />all State and Federal regulations. <br />9. Minimization of Adverse Impact <br />The pemtittee shall lake all reasonable steps to minimize any adverse impact to waters of the Stale resulting from <br />noncompliance with any eRluent limitations specified in this perntit. As necessary, accelerated or additional monitoring to <br />determine the nature and impact of the noncomplying discharge is required. <br />10. Dischar¢e Point <br />Any discharge to [he waters of the State from a point source other than specifically authorized by this permit is prohibited. <br />11. Reduction, Loss, or Failure of Treatment Facili[v <br />The permitlee has the duty to hall or reduce any activity if necessary to maintain compliance with the efFluent limitations of <br />[he permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain <br />compliance with its pemtit, control production, control sources of wastewater, or all discharges, until the facility is restored or <br />an allemative method of treatment is provided. This provision also applies to power failures, unless an alternative power <br />source sufficient to operate the wastewater control facilities is provided. <br />It shall not be a defense for a pemtittee in an enforcement action that it would be necessary to halt or reduce the perntitted <br />activity in order to maintain compliance with the conditions of this permit. <br /> <br />