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Tri-Pac Inc. Industrial Wastewater Discharge Permit page 21 of 36 <br /> <br />i. an upset occurred and the permittee can identify the cause(s) of the upset <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-four (24) <br />hours of becoming aware of the upset (if this information is provided orally, a written <br />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 corrected, <br />the anticipated time the noncompliance is expected to continue; and <br />c. the steps being taken and/or planned to reduce, eliminate, and prevent recurrence <br />of the noncompliance. <br /> <br />d. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset shall <br />have the burden of proof. <br /> <br />e. The permittee shall have the opportunity for a judicial determination on any claim of upset only in <br />an enforcement action brought for noncompliance with categorical Pretreatment 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 treatment <br />facility until the facility is restored or an alternative method of treatment is provided. This <br />requirement applies in the situation where, among other things, the primary source of power of the <br />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 Bend <br />Municipal Code Chapter 17, or any conditions within this permit will be subject to Administrative <br />Enforcement Action in accordance with the Enforcement Response Plan (ERP) provided in <br />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 any <br />application, record, report, plan or other document filed or required to be maintained pursuant to <br />this permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device <br />or method required under this permit, shall be subject to administrative fines of not more than <br />$2500 per day per violation and/or civil litigation and/or fines and imprisonment upon criminal <br />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 403), the <br />City of South Bend Municipal Code, or this industrial wastewater discharge permit issued by the <br />City of South Bend and any applicable compliance schedules, 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 />9. Revocation of Permit <br /> <br />a. The Director may revoke an individual wastewater discharge permit for good cause, which shall be <br />subject to appeal under Article 2, Chapter 17, Subsection 17-11(c) of the South Bend Municipal