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times or, if not corrected, the anticipated tune the noncompliance is <br /> i expected to continue; <br /> c. All steps being taken and/or planned to reduce, eliminate <br /> and prevent reoccurrence of the noncompliance; and <br /> d. Evidence the industrial user took all reasonable steps to <br /> ~I minimize or prevent any discharge resulting from the upset. <br /> (c) The industrial user seeking to establish the occurrence of an upset in <br /> an a forcement proceeding shall have the burden of proof. <br /> (d) Notwithstanding this rule providing for the upset affirmative defense, <br /> to th extent such an affirmative defense is not available to the City or the <br /> Metr politan Wastewater Management Commission, it is not available to the <br /> Indus rial user. <br /> 5. Single Operational Event. <br /> I <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 /> temp rary noncompliance with more than one effluent discharge pollutant parameter. <br /> A s' le operational event does not include violations of the Eugene Code, 1971 <br /> invol ' g discharge without a Wastewater Discharge Permit or noncompliance to the <br /> exten caused by improperly designed or inadequate treatment facilities. A single <br /> oper tional event which leads to simultaneous violations of more than one pollutant <br /> para~ieter shall be treated as a single violation. The industrial user bears the burden <br /> of p owing, by a preponderance of the evidence, the occurrence of the single <br /> oper tional event and its relationship to the effluent limitation exceedences in <br /> quest,; on. Each day of a single operational event is a violation. <br /> (b) Notwithstanding the provisions of this rule, a single operational event <br /> shall a treated as a single violation only to the extent that, in resulting enforcement <br /> actin against the City or the Metropolitan Wastewater Management Commission the <br /> singl~ operational event is treated as a single violation. <br /> Publi 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 publication thereof in the Register Guard, a newspaper of general circulation <br /> <br /> within the ity 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 t ereon. No valid comments or objections were received within the tune and in <br /> Industrial Pretreatment Program Administrative Rule - S <br /> I~~ <br /> <br />