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(a) Stipulated Enforcement Order. The Director may enter into a Stipulated <br />Enforcement Order for any violation. The Stipulated Enforcement Order shall state <br />findings, direct the user to come into compliance within a specified time and may <br />. contain other requirements to address the noncompliance, including but not limited <br />to interim pretreatment limits and compliance goals, and additional self-monitoring <br />and management designed to minimize the amount of pollutants discharged to the <br />city sewerage system. <br />(b) Cease and Desist Order. The Director may issue a Cease and Desist Order <br />in accordance with the provisions of Section 6.561 of the Eugene Code, 1971. <br />(c) Termination and Revocation Order. The Director may issue a Termination <br />and Revocation Order in .accordance with the provisions of Section 6.571 of the <br />Eugene Code, 1971. <br />(d) Reconsideration and Anneal. Reconsideration and appeals of orders issued <br />under subparagraphs (b) and (c) of this section shall be pursuant to Section 6.591 of <br />.the Eugene Code, 1971. <br />(e) Service. A11 notices/orders shall be delivered or sent by first class mail. Any <br />notice/order. served by mail shall be deemed received for purposes of any time <br />computations hereunder, three days after the date mailed, if to an address within this <br />state, and seven days after the date mailed, if to an address outside this state. <br />4. Affirmative Defense. <br />(a) An upset shall constitute an affirmative defense-to an enforcement action if <br />the requirements of the 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 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 />Administrative Order - 5 <br />\\Cesrv300\wwdadmin\LINDA\WP\Admin Order 02lndustrialPretreatment-l.wpd <br />