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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 />the steps being taken and/or planned to reduce, eliminate, and prevent <br />recurrence of the noncompliance. <br />d. In any enforcement proceeding, the permittee seeking to establish the <br />occurrence of an upset shall have the burden of proof. <br />e. The permittee shall have the opportunity for a judicial determination on any <br />claim of upset only in an enforcement action brought for noncompliance <br />with categorical Pretreatment Standards. <br />f The permittee shall control production of all discharges to the extent <br />necessary to maintain compliance with categorical Pretreatment Standards <br />upon reduction, loss, or failure of its treatment facility until the facility is <br />restored or an alternative method of treatment is provided. This requirement <br />applies in the situation where, among other things, the primary source of <br />power of the treatment facility is reduced, lost, or fails. <br />6. Administrative Enforcement <br />a. Any permittee found in violation of any applicable local, state, federal law, <br />City of South Bend Municipal Code Chapter 17, or any conditions within <br />this permit will be subject to Administrative Enforcement Action in <br />accordance with the Enforcement Response Plan (ERP) provided in <br />Attachment 2 to this permit. <br />7. Penalties for False Re ortin <br />Any person who knowingly makes any false statement, representation or <br />certification in any application, record, report, plan or other document filed <br />or required to be maintained pursuant to this permit, or who falsifies, <br />tampers with, or knowingly renders inaccurate any monitoring device or <br />method required under this permit, shall be subject to administrative fines <br />of not more than $2500 per day per violation and/or civil litigation and/or <br />fines and imprisonment upon criminal conviction. <br />S. Penalties for Violation o Pretreatment Standards <br />19 <br />