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STANDARD PROVISIONS AND REPORTING REQUIREMENTS 4 <br /> National Pollutant Discharge Elimination System <br /> implement an appropriate pretreatment program,or careless or improper action.A Discharger that <br /> wishes to establish the affirmative defense of an upset in an action brought for noncompliance shall <br /> demonstrate,through properly signed,contemporaneous operating logs, or other evidence,that: <br /> a. an upset occurred due to identifiable cause(s); <br /> b. the permitted facility was being properly operated at the time of the upset; <br /> c. notice of the upset was submitted as required in paragraph B. 1.; and <br /> d. remedial measures were implemented as required under paragraph A. 17. <br /> In any enforcement proceeding,the Discharger seeking to establish the occurrence of an upset has the <br /> burden of proof. <br /> 15. This Order is not transferable to any person except after notice to the Board.The Board may modify or <br /> revoke and reissue the Order to change the name of the Discharger and incorporate such other <br /> requirements as may be necessary under the CWA. <br /> 16. Except for data determined to be confidential under Section 13267 of the CWC,all reports prepared in <br /> accordance with terms of this Order shall be available for public inspection at the offices of the Board <br /> and U.S.EPA.Effluent data are not confidential. <br /> 17. The Discharger shall take all reasonable steps to minimize any adverse effects to waters of the State or <br /> users of those waters resulting from any discharge or sludge use or disposal in violation of this Order. <br /> Reasonable steps shall include such accelerated or additional monitoring as necessary to determine the <br /> nature and impact of the non-complying discharge or sludge use or disposal. <br /> 18. The fact that it would have been necessary for the Discharger to halt or reduce the permitted activity in <br /> order to comply with this Order shall not be a defense for violating this Order. <br /> 19. The Discharger shall ensure compliance with any existing or future pretreatment standard promulgated <br /> by U.S.EPA under.Section 307 of the CWA,or amendment thereto,for any discharge to the municipal <br /> system <br /> 20. The discharge of any radiological, chemical or biological warfare agent or high-level,radiological <br /> waste is prohibited. <br /> 21. A copy of this Order shall be maintained at the discharge facility and be available at all times to <br /> operating personnel.Key operating personnel shall be familiar with its content. <br /> 22. Neither the treatment nor the discharge shall create a condition of nuisance or pollution as defined by <br /> the CWC, Section 13050. <br /> B. GENERAL REPORTING REQUIREMENTS <br /> 1. In the event the Discharger does not comply or will be unable to comply for any reason,with any <br /> prohibition,daily maximum effluent limitation,or receiving water limitation of this Order,the <br /> Discharger shall notify the Board by telephone(916)464-3291 within 24 hours of having knowledge <br /> of such noncompliance,and shall confirm this notification in writing within five days,unless the Board <br /> waives confirmation.The written notification shall state the nature,time,duration,and cause of <br /> noncompliance, and shall describe the measures being taken to remedy the current noncompliance and, <br />