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<br />times 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 <br />and 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 the upset. <br /> <br />( c) The industrial user seeking to establish the occurrence of an upset in <br />an enforcement proceeding shall have the burden of proof. <br /> <br />( d) Notwithstanding this rule providing for the upset affirmative defense, <br />to the extent such an affirmative defense is not available to the City or the <br />Metropolitan Wastewater Management Commission, it is not available to the <br />industrial user. <br /> <br />s. Sinele 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 omission), <br />temporary noncompliance with more than one effluent discharge pollutant parameter. <br />A single operational event does not include violations of the Eugene Code, 1971 <br />involving discharge without a Wastewater Discharge Permit or noncompliance to the <br />extent caused by improperly designed or inadequate treatment facilities. A single <br />operational event which leads to simultaneous violations of more than one pollutant <br />parameter shall be treated as a single violation. The industrial user bears the burden <br />of proving, by a preponderance of the evidence, the occurrence of the single <br />operational event and its relationship to the effluent limitation exceedences in <br />question. Each day of a single operational event is a violation. <br /> <br />(b) Notwithstanding the provisions of this rule, a single operational event <br />shall be treated as a single violation only to the extent that, in resulting enforcement <br />action against the City or the Metropolitan Wastewater Management Commission the <br />single operational event is treated as a single violation. <br /> <br />Public notice of this proposed Industrial Pretreatment Program Administrative Rule <br />R-6.463 was given by making copies thereof available to any person who has requested such <br />notice and by publication thereof in the Register Guard, a newspaper of general circulation <br />within the City for at least five days, to-wit, on June 9, 10, 11, 12, and 13, 1993, which <br />provided interested persons an opportunity of not less than 15 days to submit data or <br />comments thereon. No valid comments or objections were received within the time and in <br /> <br />Industrial Pretreatment Program Administrative Rule - 5 <br />