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PART II <br />Page 3 <br />.MANAGEMENT REQUIREMENTS <br />7. sets <br />a) Effect of an UpsU <br />An upset constitutes an affirmative defense [o an action brought for noncompliance with permit effluent limitations if <br />the requiremeata of paragraph (b) of this section are met. No determination made during edministntive review of <br />claims that noncompliance was caused by upset, and before m action for noncompliance, is final administrative <br />action subject to judicial review. <br />b) Conditions Necessary for a Demonstration of UpsU <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 upsU occurred and that the peratittee can identify the specific cause(s) of the upset; and <br />(ii) a permitted facility wss at the time being properly operated; and <br />(iii) ~'he permittee submitted notice of the upsU ss required in Part ILA.3. of this permit (24-hour notice); and <br />(iv) ~Le permittee complied with any remedial measures required under 40 CFR 122.7(d) of the federal <br />L <br />c) Burden a~' proof <br />In any et}forcemeat proceeding the permittee seeking to establish the occurrence of an upset hss the burden of proof. <br />8. <br />Solids, stud , or other pollutants removed in the course of treatment or control of wastewaters shall be properly <br />disposed of ' a manner such ss to prevent any pollutant from such materials from entering waters of Ute State. <br />For all do 'c wsstewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance <br />with all Stage and Federal regulations. <br />9. Minimizatia <br />The permute <br />noncomplian <br />to determine <br />I0. Discharee P <br />Any discharl <br />prohibited. <br />11. Reduction. 1 <br />stall fake all reasonable steps to minimize any adverse impact to waters of the State resulting from <br />with any effluent limitations specified in this permit. As necessary, accelerated or additional monitoring <br />to nature and impact of the noncomplying discharge is required. <br />to the waters of the State from a point source other than specifically authorized by this permit is <br />The permitt bas the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations <br />of the permit Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary W <br />maintain co fiance with its permit, control production, control sources of wastewater, or all discharges, until the <br />facility is res red or an alternative method of treatment is provided. This provision also applies to power failures, <br />unless m alte Live power source sufficient to operate the wastewater control facilities is provided. <br />n+nnr ~roivs <br />