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G11. OTHER REQUIREMENTS OF 40 CFR <br /> All other requirements of 40 CFR 122.41 and 122.42 are incorporated in this permit by reference. <br /> G12. ADDITIONAL MONITORING <br /> Ecology may establish specific monitoring requirements in addition to those contained in this <br /> permit by administrative order or permit modification. <br /> G13. PENALTIES FOR VIOLATING PERMIT CONDITIONS <br /> Any person who is found guilty of willfully violating the terms and conditions of this permit shall be <br /> deemed guilty of a crime,and upon conviction thereof shall be punished by a fine of up to ten <br /> thousand dollars 10 000 and costs of prosecution, <br /> ($ ) p ecution, or by imprisonment at the discretion of the <br /> court. Each dayupon which a willful violation occurs may be deemed a separate and additional <br /> p <br /> Y p <br /> violation. <br /> Any person who violates the terms and conditions of a waste discharge permit shall incur, in <br /> addition to any other penalty as provided by law, a civil penalty in the amount of up to ten <br /> thousand dollars($10,000)for every such violation. Each and every such violation shall be a <br /> separate and distinct offense and in case of a continuing violation, 'olation ever da s continuance shall be <br /> p g Y Y <br /> deemed to be a separate and distinct violation. <br /> G14. UPSET <br /> Definition-- porar"Upset" means an exceptional incident in which there is unintentional and temporary <br /> Y <br /> noncompliance with technology-based permit effluent limitations because of factors beyond the <br /> reasonable control of the Permittee. An upset does not include noncompliance to the extent <br /> caused by operational error, improperly designed treatment facilities, inadequate treatment <br /> facilities lack of preventive maintenance,or careless or improper <br /> p <br /> operation. <br /> An upset constitutes an affirmative defense to an action brought for noncompliance with such <br /> technology-based permit effluent limitations if the requirements of the following paragraph are met. <br /> i A Permittee who wishes to establish the affirmative defense of upset must demonstrate,through <br /> properly signed, contemporaneous operating logs or other relevant evidence that: 1)an upset <br /> occurred and that the Permittee can identify the cause(s)of the upset; 2)the permitted facility was <br /> being properly operated at the time of the upset; 3)the Permittee submitted notice of the upset as <br /> required in Special Condition S5.F, and; 4) the Permittee complied with any remedial measures <br /> required under this permit. <br /> In any enforcement proceeding,the Permittee seeking to establish the occurrence of an upset has <br /> the burden of proof. <br /> G15. PROPERTY RIGHTS <br /> This permit does not convey any property rights of any sort, or any exclusive privilege, <br /> G16. DUTY TO COMPLY <br /> The Permittee must comply with all conditions of this permit.Any permit noncompliance <br /> constitutes a violation of the Clean Water Act and is grounds for enforcement action;for permit <br /> termination, revocation and reissuance, or modification; or denial of a permit renewal application. <br /> Construction Stormwater General Permit Page 37 <br />