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PART !1 Page 3 A. MANAGEItfEIYT REQUIItE~tENTS 7. Upsets a) Effect of an Upset An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b) Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defeose of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: (r) An upset occurred and that the permittee can identify the specific cause(s) of the upset; and (ii) The permitted facility was al the time being properly operated; and (iii) The permittee submitted notice of the upset as required in Part I1.A.3. of this permit (24-hour notice); and (iv) The permittee complied with any remedial measures required under 40 CFR 122.7(d) of the federal regulations. c) Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Rammed Substances Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. For all domestic wastewater treatment works, at industrial facilities, the permittee shall dispose of sludge in accordance wuh all State and Federal reeulations. 9. plinimii, tinn of Adverse Impact The permittee shall take all reasonable steps to minimize an}' adverse impact to waters of the Slate resulting from noncompliance wnh any eftuent limitations specified m this permit. As necessary, accelerated or additional moniturine io determine the nature and impact of the noncomplying discharge is reywred. 10. Discharee Point .4ny discharge to the waters of the State from a point source other than spect5cally authorized by lhts permit is prohihited. I I. Reduction, Los. ur Failure of Treatment Facility The permutee ha; the duq to halt or reduce any activity if necessarq to maintain compliance with the effluem Imitations of the permit. Upon reducuon, less, or failure of the treatment fnciluy, the permittee shall. to the extent necessary to maintain complian.e with is permu, comrol production, control sources of wastewater, or all discharges, until the Frility is restored or an altcmative method oftreatment is provided. This provision also applies to power failures, unless an altematii~e power source suffinent to operate the wastewater control facilities is provided. ICI IIII' :'J J: