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<br />25 <br />Honeywell International Industrial Discharge Permit <br />ii. the facility was at the time being operated in a prudent workman-like manner and in <br />compliance with applicable operation and maintenance procedures; and <br />iii. the permittee has submitted the following information to the Director within twenty- <br />four (24) hours of becoming aware of the upset (if this information is provided orally, <br />a written submission must be submitted within five (5) days): <br />a. a description of the discharge and cause of noncompliance; <br />b. the period of noncompliance, including exact dates and times, or, if not <br />corrected, the anticipated time the noncompliance is expected to continue; <br />and <br />c. the steps being taken and/or planned to reduce, eliminate, and prevent <br />recurrence of the noncompliance. <br /> <br />d. In any enforcement proceeding, the permittee seeking to establish the occurrence of an <br />upset shall have the burden of proof. <br /> <br />e. The permittee shall have the opportunity for a judicial determination on any claim of upset <br />only in an enforcement action brought for noncompliance with categorical Pretreatment <br />Standards. <br /> <br />f. The permittee shall control production of all discharges to the extent necessary to maintain <br />compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its <br />treatment facility until the facility is restored or an alternative method of treatment is <br />provided. This requirement applies in the situation where, among other things, the primary <br />source of power of the treatment facility is reduced, lost, or fails. <br /> <br /> <br />6. Administrative Enforcement <br /> <br />a. Any permittee found in violation of any applicable local, state, federal law, City of South <br />Bend Municipal Code Chapter 17, or any conditions within this permit will be subject to <br />Administrative Enforcement Action in accordance with the Enforcement Response Plan <br />(ERP) provided in Attachment 2 to this permit. <br /> <br />7. Penalties for False Reporting <br /> <br />a. Any person who knowingly makes any false statement, representation or certification in <br />any application, record, report, plan or other document filed or required to be maintained <br />pursuant to this permit, or who falsifies, tampers with, or knowingly renders inaccurate any <br />monitoring device or method required under this permit, shall be subject to administrative <br />fines of not more than $2500 per day per violation and/or civil litigation and/or fines and <br />imprisonment upon criminal conviction. <br /> <br />8. Penalties for Violation of Pretreatment Standards <br /> <br />a. Any permittee found in violation of Pretreatment Standards and Requirements (40 CFR <br />403), the City of South Bend Municipal Code, or this industrial wastewater discharge <br />permit issued by the City of South Bend and any applicable compliance schedules, shall be <br />subject to administrative fines of not more than $2500 per day per violation and/or civil <br />litigation and/or fines and imprisonment upon criminal conviction.