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' � The facilitv was at the time being operated in a prudent and <br /> workman-like manner and in compliance with applicable operation <br /> and maintenance procedures; and <br /> � The User has submitted the followin� information to the <br /> Director within twentv-four (24) hours of becomin� aware of the <br /> �set if this information is provided orally, a written submission <br /> must be�rovided within five (5 davs); <br /> (i) A description of the indirect dischar�e and cause of <br /> noncom�liance; <br /> �ii) The period of noncompliance, including exact dates <br /> and times or if not corrected, the anticipated time the <br /> noncompliance is expected to continue; and <br /> �iii) Steps bein� taken and/or planned to reduce, eliminate, <br /> and prevent recurrence of the noncompliance. <br /> � In any enforcement proceedin� the User seekin� to establish the <br /> occurrence of an upset shall have the burden of proof. ' <br /> � Users shall have the o�portunit f�judicial determination on anv claim <br /> of upset only in an enforcement action brought for noncompliance with <br /> cate�orical Pretreatment Standards. <br /> � Users shall control production of all dischar�es to the extent necessarv to <br /> maintain compliance with cate�orical Pretreatment Standards upon reduction, <br /> loss or failure of its treatment facility until the facilitv is restored or an alternative <br /> method of treatment is provided. This requirement applies in the situation where, <br /> among other thin� the primarv source of power of the treatment facilitv is <br /> reduced, lost or fails. <br /> SECTION VII. Chapter 17, Article 2, Division 3, Section 17-11 of the South Bend <br /> Municipal Code shall be amended to read in its entirety as follows: <br /> Sec. 17-11. . Administrative <br /> Enforcement Remedies, Costs, Fees, Director Reconsideration, User Appeals, Judicial <br /> Review. <br /> . , <br /> 68 <br />