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24a7T II <br />gage 1J of 19 <br />• A. HANACEHENT REQUIRE:~NTS <br />7. Upsets <br />a) Effect of as Uoset <br />An upset constitutes an affirmative defense to an action <br />brought for noncompliance with permit effluent limitations if <br />the requirements of paragraph b of [his section are met. (No <br />determination made during administrative re vi ex of claims that <br />noncompliance was caused by upset, and before as action for <br />noncompliance, is final administrative ac [ion subject to <br />judicial review.) <br />b) Conditions Necessary fora Demonstration of Uoset <br />A permittee xho xishes to establish the affirmative defense of <br />upset shall demonstrate through 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 upses; and <br />(li) The permitted facility Eras at the time being properly <br />operated; and <br />(111) The permittee submitted notice of the upset as required <br />is Part II.A.3. of this permit (24-hour notice); and <br />(iv) The permittee complied xith nay remedial measures <br />required under Section 122.7(d) of the federal <br />regulations. <br />c) Burden of Proof <br />In any enforcement proceeding the permittee seeking to <br />establish the occurrence of an upset has the burden of proof. <br />8. Removed Substances <br />Solids, sludges, or other pollutants removed is the course of <br />treatment or control of xastexaters shall be properly disposed of in <br />a manner such as to prevent nay pollutant from such materials Erom <br />entering eaters of the State. <br />. Code: i - 27 Date: 1-84, revised 12-88 <br />