Laserfiche WebLink
<br />n~ <br />~~~~ ~ r- <br />•1 <br />t <br />A. MANAGEt~IT REQUIREMENTS (CONTINUED) - <br />7 <br />Upsets <br />a) Effect of an upset <br /> <br />PART II <br />Page 12 <br />PEE <br />An upset conatitutea an affirmative defense-''to an action brought <br />for noncompliance with permit effluent li~itationa if the <br />requirements of paragraph (b) of this section are met. No <br />determination made during administrati,~"e review of claims that _ <br />noncompliance was caused by upset, and before an action for <br />noncompliance, is final administrative action subject to judicial <br />review. <br />r <br />b) Conditions necessary for a demonstration of upset <br />A permittee who wishes to establish the affirmative defense of <br />upset shall demonstrate through properly signed contemporaneous <br />operating logs, or other relevant evidence that: <br />(i) An upset occurred'~and that the permittee can identify the <br />specific cause(s) of the upset; <br />(ii) The permitted facility was at the time being properly <br />operated; and <br />(iii) The permlttee submitted notice of the upset as required in <br />Part II A.3 of this permit (24-hour notice). <br />(!v) The permittee complied with any remedial measures required <br />under Section 122.7(d) of the federal regulations. <br />8. <br />c) Burden of proof <br />In nay enforcement proceeding the permittee seeking to establish <br />the occurrence of an upset has the burden of proof. <br />Removed Substances <br />Solids, s~{~dges; or other pollutants removed in the course of <br />treatmenC~ or control of wastewaters shall 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 - 84 <br />