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<br />(b) To establish the affirmative defense of upset, an industrial user must <br />demonstrate through properly signed, contemporaneous operating logs, or other <br />relevant evidence that: <br /> <br />(1) An upset occurred and the industrial user can identify the specific <br />cause(s) of the upset; <br /> <br />(2) The industrial user was at the time operating in a prudent manner and <br />in compliance with applicable operation and maintenance procedures; and <br /> <br />(3) The industrial user has submitted the following information to the <br />Director within 12 hours of becoming aware of the upset. If this information <br />is provided orally, a written submission must be provided within five days. <br /> <br />a. A description of the ~ccurrence and cause of noncompliance; <br /> <br />"'. '; <br /> <br />b. The perioddf noncompliance, including exact dat~~fi'nd times <br />or, if not corrected, the anticipated time the noncompliance is <br />expected to continue; <br /> <br />c. All steps being taken and! or planned to reduce, eliminate and <br />prevent reoccurrence of the noncompliance; and <br /> <br />d. Evidence the industrial user took all reasonable steps to <br />minimize or prevent any discharge resulting from an upset. <br /> <br />(c) The industrial user seeking to establish the occurrence of an upset in an <br />enforcement proceeding shall have the burden of proof. <br /> <br />(d) Notwithstanding this rule providing for the upset affirmative defense, to the <br />extent such an affirmative defense is not available to the City or the Metropolitan <br />Wastewater Management Commission, it is not available to the industrial user. <br /> <br />5. Sin2le Operational Event. <br /> <br />(a) A single operational event is an exceptional incident which causes <br />simultaneous, unintentional, unknowing (not the result of a knowing act or <br />omission), temporary noncompliance with more than one effluent discharge pollutant <br />parameter. A single operational event does not include violations of the Eugene <br />Code, 1971 involving discharge without a Wastewater Discharge Permit or <br />noncompliance to the extent caused by improperly designed or inadequate treatment <br />facilities. A single operational event which leads to simultaneous violations of more <br />than one pollutant parameter shall be treated as a single violation. The industrial user <br /> <br />Administrative Order - 5 <br />C:\WINDOWS\Temporary Internet Files\OLK.61A5\02IndustrialPretreatment-2ao. wpd <br />