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' r <br />PORT II <br />Page 13 of 19 <br />A. MANAGEPffi~T RyQIIIREHENTS <br />7. IIpaets <br />a) Effect of an Opaee <br />An upset constitutes a¢ affirmative defense to as 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 reviex of claims that <br />noncompliance vas caused by upset, and before as action for <br />noncompliance, is final administrative action subject to <br />judicial reviex.) <br />b) Condieioas Necessary for a Demonstration of IIpset <br />A permittee who wishes to establish Che affirmative defense of <br />upset shall demonstrate through properly signed coatemparaneous <br />operating logs, of other relevant evidence that: <br />(1) Aa upset occurred sad that the permittee can identify <br />the specific cause(s) of the apses; sad <br />(ii) The permitted facility vas at the time being properly <br />operated; sad <br />(iii) The permittee submitted notice of the upset as requi=ed <br />is Part II.A.3. of this permit <24-hour notice); sad <br />(iv) The permittee complied with nay remedial measures <br />required under Section 122.7(d) of the federal <br />regulations. <br />c) Burden of Proof <br />Ia nay enforcement proceeding the permittee seelci¢g to <br />establish the occur-.eace of as upset has Che burden of prpof. <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 or is <br />a meaner such as to prevent any poL'utant from such materials from <br />eateri¢g eaters of the State. <br />Code: L - 27 Date: 1-84, revised 12-B8 <br />