Industrial Discharge Permit - St. Joseph Energy Center

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ii. the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, how long the bypass is expected to continue; and iii, steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 4. Duty to Mitigate a. The permittee shall take all reasonable steps to minimize any adverse impact to the POTW resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring necessary to determine the nature and impact of the non -compliant discharge. 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.