404 14TH ST BASE FILE 2024-12-09

SECTION 12 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS 12.1 Upset A. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary non-compliance with applicable pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. B. An upset shall constitute an affirmative defense to an action brought for non- compliance with applicable pretreatment standards if the requirements of paragraph(C) are met. C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the user can identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following information to the POTW and treatment plant operator within twenty four (24) hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five (5) days]: (a) A description of the indirect discharge and cause of non- compliance; (b) The period of non-compliance, including exact dates and times or, if not corrected, the anticipated time the non-compliance is expected to continue; and (c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the non-compliance. 59