Laserfiche WebLink
PART II <br />Page 13 of 19 <br />A. MANAGEHENT flEQVIEEMENTS <br />7. II~eets <br />a) Effect of an Upset <br />Aa upset conatitutea an affirmative defense to an acti<m <br />brought for noncompliance with permit affluent limitations if <br />the requiremmts of paragraph b of this section are met. (No . <br />determination made during admiaistzattve review of cla:ima that , <br />noncaapliance vas caused by upant, and before an action for <br />noncoapliance, is final administrative action subject Co <br />judicial review.) <br />b) Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative de:fease of <br />upset shall demonstrate through properly signed contee:poraneous <br />operating logs, or other relevant evidence that: <br />(i) Aa upset occurred sad that the permittee can ':deatify <br />thn specific cause(s) of the apses; and <br />(ii) The permitted facility was at the time being properly <br />operated; and <br />(111) The permittea submitted notice of the upset as required <br />in Part II.A.3. of Chia permit (24-hour notice); and <br />(iv) The permittee complied with any remedial measures <br />required under Section 122.7(d) of the federal <br />regulations. <br />c) Harden of Proof <br />Ia nay mforcemmt proceeding the permittee seating to <br />establish the occurrence of an upset has the burden of proof. <br />8. flemoved Substances <br />Solids, sludges, or other pollutants removed is the course o.E <br />treatment or control of vastevaters shall be properly disposed of in <br />a meaner »uch as to prevent nay pollutant from such materials from <br />entering eaters of the State. <br />Code: 1 - 27 Date: 1-84, revised 12-88 <br />