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PART .II <br />Page 13 of 19 <br />A. MANAGEMENT REQUIREMENTS (CONTl;iUED) <br />7. Upsets <br />a) Effect of an upset <br />An upset constitutes an affirmative defense to an action brought <br />for noncompliance with permit effluent limitations if the <br />requirements of paragraph (b) of this section are met. No <br />determination made during administrative review of claims that <br />noncompliance was caused by upset, and before an action for <br />noncompliance, is final administrative action subject to <br />judicial review. <br />b) Conditions necessary for a demonstration of upset <br />A permittee who wishes [o establish the affirmative defense of <br />upset shall demonstrate t}irough properly signed contemporaneous. <br />operating logs, or other relevant evidence that: <br />(1) An upset occurred and that the permittee can identify <br />the specific cause(s) of the upset; <br />(11) The permitted facility was 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). <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 say enforcement proceeding the permittee seeking to establish <br />the occurrence of an upset has the burden of proof. <br />8. Removed Substances <br />Solids, sludges, or other pollutants removed iu [ire course of <br />treatment or control of wastewaters s}:ail be disposed of in a manner <br />such as to prevent any pollutant from such materials from entering <br />waters of the State. <br />Code: i - 27 Date: 1 - 8'~ <br />