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(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 specific <br />.cause(s) of the upset; <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 />(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 />a,- A description of the occurrence and cause of noncompliance; <br />° f <br />~` At:". <br />b. The period~c~fnoncompliance,including exact dates a~`nd times <br />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 and <br />prevent reoccurrence of the noncompliance; and <br />d. Evidence the industrial user took all reasonable steps to <br />minimize or prevent any discharge resulting from an upset. <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 />(d) Notwithstandingthisrule 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 />5. Single 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 <br />omission), temporarynoncompliance withmore than one effluent dischargepollutant <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 />Administrative Order - 5 <br />C:\WINDOWS\Temporary Internet Files\OI.K61A5\021ndustrialPretreatment-2ao.wpd , <br />