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~~~.ART II Page 9 of I4 A. MANAGEMENT REQUIREMENTS 6. ~YUass Notification If the permittee knows in advance of the need for a bypass, a notice shall be submitted, ,~~ least ten days before the date of the bypass, to the Division and the Environment-' Protection Agency (EPA). The bypass shall be subject to Division approval and limitatio imposed by the Division and EPA. 7. Upsets a) Effect of an Unset An upset constitutes an affirmative defense to an action brought for noncompliance wits permit effluent limitations if the requirements of paragraph b of this section are me*_ (No determination made during administrative review of claims that noncompliance w-_ caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.) b) Conditions Necessary for a Demonstration of Uoset A permittee who wishes to establish the affirmative defense of upset shall demanstrat~ through properly signed contemporaneous operating logs, or other relevant evidence that: (i) An upset occurred and that the permittee can identify the specific cause(s) of the upset; and (ii) The permitted facility was at the time being properly operated; and (iii) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and 7. U sets b) Conditions Necessary for a Demonstration of Unset (continued) (iv) The permittee complied with any remedial measures required under Secti=~ 122.7(d) of the federal regulations. c) Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of =_ upset has the burden of proof. 8. Removed Substances Solids, sludges, or other pollutants removed in the course of treatment or control c wastewaters shall be properly disposed of in a manner such as to prevent any pollutant fx~ such materials from entering waters of the State.