Industrial Wastewater Discharge Permit Renewal - Honeywell International, Inc.

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Honeywell Groundwater Remediation Industrial Wastewater Discharge Permit page 17 of 39 5. Upset Provision a. Upset means an exceptional incident in which there is unintended and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. b. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements below are met. c. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating log, or other relevant evidence that: i. an upset occurred and the permittee can identify the cause(s) of the upset ii. the facility was at the time being operated in a prudent workman-like manner and in compliance with applicable operation and maintenance procedures; and iii. the permittee has submitted the following information to the Director within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be submitted within five (5) days): a. a description of the discharge and cause of noncompliance; b. the period of noncompliance, including exact dates and times, or, if not corrected, the anticipated time the noncompliance is expected to continue; and c. the steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance. d. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset shall have the burden of proof. e. The permittee shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards. f. The permittee shall control production of all discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.