1300 W MARINE VIEW DR 2018-01-02 MF Import

Pa�e 34 of 46 thousand dollars (S 10,000) for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be deemed to be a separate and distinct violation. GIS. UPSET Def �iaon —"UpseP' means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset cons[irutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitations if the requirements of the following paragraph arc met. A Permittce 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 that the Permittce can identify the cause(s) of the upscr, 2) the permitted facility was being properly operated at the time of the upset; 3) the Permittee submitted notice of the upset as required in condition SS.F; and 4) the Permittee complied with any remedial mcasures required under this permit. In any enforeement procecdin�_, the Perniittec seeking to establish the occurrence of an upset hzs the burden of proof. G16. PROPERTY RIGHTS This permit does not convey any property rights of any sort, or any exclusive privilege. G17.DUTY TO CU�iPLY The Permittec shall comply with all condiUvus of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. G18.T0?CIC POLLUT�UYTS The Permittee shall comply with ef(lucnt standards or prohibitions �stablished under Section 307(a) of die Clcan Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if diis permit has not yet becn modified to incorporate the requirement.