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PART II <br />Page 13 <br />Permit No. CUR- 010000 <br />A. MANAGEMENT REQUIREMENTS (coat.) <br />b. The permittee shall report the following instances of noncompliance orally within twenty -four (24) hours from the time <br />the permittee becomes aware of the noncompliance, and shall mail to the Division a written report within five (5) days <br />after becoming aware of the noncompliance (unless otherwise specified by the Division): <br />l) Any instance of noncompliance which may endanger health or the environment; <br />2) Any spill or discharge of oil or other substance which may cause pollution of the waters of the state; <br />3) Any discharge of stonnwater which may cause an exc cdance of a water duality standard. <br />c. The pennittee shall report all other instances of non - compliance to the Division in the following Annual Report. The <br />reports shall contain the information listed in sub - paragraph (a) of this section. <br />4. Submission of Incorrect or Incomplete Information <br />Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a <br />pennit application or report to the Division, or relevant new information becomes available, the permittee shall promptly <br />submit the relevant application information which was not submitted or any additional information needed to correct any <br />erroneous information previously submitted. <br />5. Bypass <br />The bypass of treatment facilities is generally prohibited. <br />6. Upsets <br />a. Effect of an Upset <br />An upset constitutes an affirmative defense to an action brought for noncompliance with permit limitations and <br />requirements if the requirements of paragraph b of this section are met. (No determination made during administrative <br />review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative <br />action subject to judicial review.) <br />b. Conditions Necessary for a Demonstration of Upset <br />A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed <br />contemporaneous operating logs, or other relevant evidence that: <br />1) An upset occurred and that the pennittec can identify the specific causc(s) of the upset; <br />2) The permitted facility was at the time being properly operated; <br />3) The permittee submitted notice of the upset as required in Part l I.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 regulations. <br />c. Burden of Proof <br />In any enforcement proceeding the pernittee seeking to establish the occurrence of an upset has the burden of proof. <br />7. Removed Substances <br />Solids, sludges, or other pollutants removed in the course of treatment or control of discharges shall be properly disposed of <br />in a manner such as to prevent any pollutant from such materials from entering waters of the State. <br />