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PART II <br />Page 15 <br />Permit No. COG-850000 • <br />A. MANAGEt~NT REQUIREMENTS . <br />7. IIpsets <br />(a) Effect of as upset <br />Aa upset constitutes an affirmative defense to an action brought <br />far 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 judicial <br />review. <br />(b) Conditions necessary fora 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 sad that the permittee can identify the <br />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 in <br />Part II A.3 of this permit (24-hour notice). <br />(iv) The permittee complied with any remedial measures required <br />under Section 122.7(d) of the federal regulations. <br />(c) Burden of proof <br />In any 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 in the course of <br />treatment 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 />• <br />