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68 <br /> <br />SECTION 12 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS <br /> <br />12.1 Upset <br /> <br />A. For the purposes of this section, upset means an exceptional incident in which <br />there is unintentional and temporary noncompliance with applicable <br />pretreatment standards because of factors beyond the reasonable control of the <br />user. An upset does not include noncompliance to the extent caused by <br />operational error, improperly designed treatment facilities, inadequate <br />treatment facilities, lack of preventive maintenance, or careless or improper <br />operation. <br /> <br />B. An upset shall constitute an affirmative defense to an action brought for <br />noncompliance with applicable pretreatment standard s if the requirements of <br />paragraph (C) are met. <br /> <br />C. A user who wishes to establish the affirmative defense of upset shall <br />demonstrate, through properly signed or initialed contemporaneous operating <br />logs, or other relevant evidence that: <br /> <br />(1) An upset occurred and the user can identify the cause(s) of the upset; <br /> <br />(2) The facility was at the time being operated in a prudent and workman- <br />like manner and in compliance with applicable operation and <br />maintenance procedures; and <br /> <br />(3) The user has submitted the following information to the Director within <br />twenty four (24) hours of becoming aware of the upset [if this <br />information is provided orally, a written submission must be provided <br />within five (5) days]: <br /> <br /> (a) A description of the indirect discharge and cause of <br />noncompliance; <br /> <br /> (b) The period of noncompliance, including exact dates and times or, <br />if not corrected, the anticipated time the noncompliance is <br />expected to continue; and <br /> <br /> (c) Steps being taken and/or planned to reduce, eliminate, and <br />prevent recurrence of the noncompliance. <br /> <br />D. In any enforcement proceeding, the user seeking to establish the occurrence of