PERMFILE120495

• Permit No: C1980007
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: EXHIBIT 08 Spill Prevention, Control & Countermeasure Plan
• Media Type: D
• Archive: No

r arc i.l u r.
A. !S?NAGE:lENT REQUIc2Et~',t(TS
7.~ Up9 eL9
a) Effect of as Uosec
An upset constitutes an affirmative defense co an action
brought for~noneompLlanee with penit effluent limicatio¢s If
the requirements of paragraph b of cyis section are met. (tlo
deterninacioa made during adminiscraclve review of claims chat
na¢cocpLlaace was caused by upset, and before an action Ear
aoneoapllanee, is final ad=iniscracive action su~jeec to
judicial review.)
b) Conditions Netessa.y for a Demonstration of Uoset
J
A permittee who wishes co establish the a`_`irmac±ve defense of
upset shall demonstrate through properly signed coacemparaneous
operating logs, or other relevant evidence chat: '
(i) Aa upset occurred and that [he peralttee can identify
the specific cause(s) of the upset; and
(11) The permitted facility ~.as at the time being properly
operated; and
(iii) The percittee submitted notice of the upset as required
is Part I:.A.3. of this pe ~St (24-hour notice); and
(iv) The peraiccee complied v±th nay remedial measures
required under Section 122.7 (d) of the federal
regulations.
e) Burden of Proof
In any enforcement proceeding toe oermlttee see{:iag to
establish the occurrence of an upset has the burden of proof.
8. Eemoved Substances
Solids, sludges, or ocher pollutants removed is the course of '
treatxent or control of vastevaters shall be properly disposed of in
a manner such as to prevent any pollutant from such materials from
catering waters of the State.
Code: 1 - 27
Dace: 1-84, revised 12-88
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