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A. MANAGEMENT REQUIREMENTS (cont.) <br />Upsets <br />a. Effect of an Upset: An upset constitutes an affirmative defense to an action brought for noncompliance with <br />permit effluent limitations if the requirements of paragraph b of this section are met. (No determination made <br />during administrative review of claims that noncompliance was caused by upset, and before an action for <br />noncompliance, is final administrative action subject to judicial review.) <br />b. Conditions Necessary for a Demonstration of Upset: A permittee who wishes to establish the affirmative <br />defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant <br />evidence that: <br />1) An upset occurred and that the permittee can identify the specific cause(s) of the upset; and <br />2) The permitted facility was at the time being properly operated and maintained; and <br />3) The permittee submitted notice of the upset as required in Part II.A.3. of this permit (24-hour notice); and <br />4) The permittee complied with any remedial measures required under Section 122.7(d) of the federal <br />regulations; and <br />5) The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or <br />disposal in violation of this permit, which has a reasonable likelihood of adversely affecting human health <br />or the environment. <br />6) In addition to the demonstration required above, a permittee who wishes to establish the affirmative <br />defense of upset for a violation of effluent limitations based on water quality standards shall also <br />demonstrate through monitoring, modeling, or other methods that the relevant standards were achieved in <br />the receiving water. <br />C. Burden of Proof: In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset <br />has the burden of proof. <br />8. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly <br />disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. <br />Minimization of Adverse Impact <br />The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from <br />noncompliance with any terms and conditions specified in this permit, including such accelerated or additional <br />monitoring as necessary to determine the nature and impact of the noncomplying discharge. <br />10. Discharge Point <br />Any discharge to the waters of the State from a point source other than specifically authorized by this permit is <br />prohibited. <br />11. Reduction, Loss, or Failure of Stormwater Controls <br />The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the permit <br />requirements. Upon reduction, loss, or failure of any stormwater controls, the permittee shall, to the extent necessary to <br />maintain compliance with its permit, control production, or remove all pollutant sources from exposure to stormwater, or <br />both, until the stormwater controls are restored or an alternative method of treatment/control is provided.