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PART II <br />Page 13 of 19 <br />A. MANAGEMENT REQUIREMENTS <br />7. Upsets <br />a) Effect of an Upset <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 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 <br />judicial review.) <br />b) Conditions Necessary for a 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 and that the permittee can identify <br />the specific cause(s) of the upset; and <br />• <br />(11J The permitted facility was at the time being properly <br />operated; and <br />(iii) The permittee submitted notice of [he upset as required <br />in Part II.A.3. of this permit (24-hour notice); and <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 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 in the course of <br />treatment or control of wastewaters shall be properly disposed of in <br />a manner such as to prevent any pollutant from such materials from <br />entering waters of the State. <br />• <br />Code: i - 27 Date: 1-84, revised 12-88 <br />