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: PART II <br /> Page 13 of 19 <br /> A. MANAGEMENT REQIIIR EMENTr (CONTINUED) <br /> 7. Upsets <br /> a) Effect of an upset <br /> An upset const tutes an affirmative defense to an action brought <br /> for noncompliance with technology-based permit effluent limitations <br /> if 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 judicial <br /> review. <br /> b) Conditions nec ssary for a demonstration of upset <br /> 13 A permittee who wishes to establish the affirmative defense of upset <br /> shall demonstrate through properly signed contemporaneous operating <br /> logs, or other relevant evidence that: <br /> (i) An upsets occurred and that the permittee can identify the <br /> specific cause(s) of the upset; <br /> (ii) The per#itted facility was at the time being properly <br /> operated; and <br /> (iii) The pez*ttee 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 Selection 122.7(d) of the federal regulations. <br /> c) Burden of proof <br /> In any enforcement proceeding the permittee seeking to establish <br /> the occurrencelof an upset has the burden of proof. <br /> 8. Removed Substances <br /> Solids, sludges, or other pollutants removed in the course of treatment <br /> or control of wastewaters shall be disposed of in a manner such as to <br /> prevent any pollutant from such materials from entering waters of the <br /> State. <br /> Code: i - 27 Date: 1 -+ 84 <br />