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Admin Order 58-93-17 (2)
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Admin Order 58-93-17 (2)
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Last modified
6/5/2009 9:55:42 AM
Creation date
6/3/2009 11:29:02 AM
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PW_Exec
PW_Division_Exec
Administration
PWA_Project_Area
Admin Orders
PW_Subject
Industrial Pretreatment
Document_Date
7/30/1993
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No
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discharged to the city sewerage system. <br />(b) Cease and Desist Order. The Director may issue a Cease and Desist <br />Order in accordance with the provisions of Section 6.450 of the Eugene Code, 1971. <br />(c) Termination and Revocation Order. The Director may issue a <br />Termination and Revocation Order in accordance with the provisions of Section 6.460 <br />of the Eugene Code, 1971. <br />(d) Reconsideration and Appeal. Reconsideration and appeals of orders <br />issued under subparagraphs (b) and (c) of this section .shall be pursuant to Section <br />6.465 of the Eugene Code, 1971. <br />(e) Service. All notices/orders shall be served by personal service or sent <br />by certified mail and first class mail. Any notice/order served by mail shall be <br />deemed received for purposes of any time computations hereunder, three days after <br />the date mailed, if to an address within this state, and seven days after the date <br />mailed, if to an address without this state. <br />4. Affirmative Defense. <br />(a) An upset shall constitute an affirmative defense to an enforcement <br />action if the requirements of paragraph (b) of this subsection are met. <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 />(1) An upset occurred and the industrial user can identify the <br />specific cause(s) of the upset; <br />(2) The industrial user was at the time operating in a prudent <br />manner and in compliance with applicable operation and maintenance <br />procedures; and <br />(3) The industrial user has submitted the following information to <br />the Director within 12 hours of becoming aware of the upset. If this <br />information is provided orally, a written submission must be provided within <br />five days. <br />a. A description of the occurrence and cause of <br />noncompliance; <br />b. The period of noncompliance, including exact dates and <br />Industrial Pretreatment Program Administrative Rule - 4 <br />
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