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PART II <br />Page 13 of 19 <br />A. MANAGEMENT REQUIREMENTS (CUNT1NUk;D) <br />7. Upsets <br />a) Effect of an upset <br />An upset constitutes a^ affirmative defense to an action brought <br />for noncompliance with permit effluent limitations if [he <br />requirements of paragraph (b) of this section are met. tIo <br />determination made during administrative review of claims that <br />noncompliance was caused by upset, and before an action for <br />noncompliance, i:; final administrative action sub'ect to <br />judicial review. <br />b) Conditions necessary for a ~iemons[ratio^ of upset <br />• <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 <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 re<{uired <br />in Part II A.3 of this permit (24-dour nutlce). <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 any enforcement proceeding ttie 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 is tf~e course of <br />treatment .or control of wastewaters shall be disposed of in a manner <br />such as to prevent any pollutant Erom such materials from entering <br />waters of the State. <br />• <br />Code: 1 - 27 <br />Date: 1 - 84 <br />