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times or, if not corrected, the anticipated time the noncompliance is <br /> expected to continue; <br /> c. All steps being taken and/or planned to reduce, eliminate <br /> and prevent reoccurrence of the noncompliance; and <br /> ~I d. Evidence the industrial user took all reasonable steps to <br /> 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 enforcement proceeding shall have the burden of proof. <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 /> '~I 5. Sin lg a Operational Event. <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 /> it 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 /> ~I operational event which leads to simultaneous violations of more than one pollutant <br /> ~,I parameter shall be treated as a single violation. The industrial user bears the burden <br /> <br /> j j 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 /> <br /> ' I, question. Each day of a single operational event is a violation. <br /> (b) Notwithstanding the provisions of this rule, a single operational event <br /> <br /> ~ ' shall be treated as a single violation only to the extent that, in resulting enforcement <br /> <br /> ~ action against the City or the Metropolitan Wastewater Management Commission the <br /> single operational event is treated as a single violation. <br /> <br /> ~I <br /> I <br /> I <br /> Public notice of this proposed rule shall be given by making copies thereof available <br /> to any person who has requested such notice and by publication thereof in the Register <br /> <br /> I <br /> <br /> ~ Guard, a newspaper of general circulation within the City for at least five days, providing <br /> interested persons an opportunity of not less than 15 days to submit data or comments <br /> thereon. If no valid comments or objections are received within the time and in the manner <br /> ~ prescribed in the notice, the amendments as contained herein will be adopted and become <br /> li Proposed Industrial Pretreatment Program Administrative Rule - 5 <br /> <br /> ~i <br /> <br /> ii <br /> I <br /> <br />