Laserfiche WebLink
<br /> <br />PART II <br />Page 13 of 19 <br />A. MANAGEt~NT REQUIREMENTS <br />7. IIpsets <br />a) Effect of as IIpset <br />.'s <br />=~= <br />Aa upset constitutes an affirmative defense to an action <br />brought for noncompliance with permit effluent limitations if <br />the requirements of paragraph b of this section are met. (No <br />determination made during administrative revise of claims that <br />noncompliance vas caused by upset, and before as action for <br />noncompliance, is final administrative action subject to <br />judicial revise.) <br />b) Conditions Necessary for a Demonstration of Upset <br />A permittee vho viahes to establish the affirmative defense of <br />upset shall demonstrate through properly signed contemporaneous <br />operating logs, or other relevant evidence that: <br />1 <br />(i) An upset occurred sad that the permittee can identify <br />the specific cause(s) of the upaeE; sad <br />(il) The permitted facility vas at the time being properly <br />operated; and <br />(iii) The permittee submitted notice of the upset as required <br />in Part II.A.3. of this 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) Burden of Proof <br />In any enforcement proceeding the permittee seeking to <br />establish the occurrence of an upset has the burden of proof. <br />8. Removed Substances <br />Solids, sludges, or other pollutants removed is the course of <br />treatment or control of vastevaters shall be properly disposed of in <br />a manner ouch as to prevent any pollutant from such materials from <br />entering eaters of the State. <br />.J <br />Code: i - 27 Date: 1-84, revised 12-88 <br />