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a. A description of the occurrence and cause of noncompliance; <br />b. The period of noncompliance, including exact dates and 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) Notwithstanding this rule 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 />sunultaneous, unintentional, unknowing (not the result of a knowing act or <br />omission), temporary noncompliance with more than one effluent discharge pollutant <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 />bears the burden of proving, by a preponderance of the evidence, the occurrence of <br />the single operational event and its relationship to the effluent limitation exceedences <br />in question. Each day'of a single operational event is a violation. <br />(b) Notwithstanding the provisions of this rule, a single operational event shall <br />be treated as a single violation only to the extent that, in resulting enforcement action <br />against the City or the Metropolitan Wastewater Management Commission the single <br />operational event is treated as a single violation. <br />Public notice of these proposed amendments to the Industrial Pretreatment Program. <br />Administrative Rule. shall be given by making copies thereof available to any person who has <br />requested such notice and by publication thereof in the Register Guard, a newspaper of general <br />Administrative Order - 6 <br />\\Cesrv300\wwdadminU IlVDA\WP\Admin Order 02lndustrialPretreatment-i.wpd <br />