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STANDARD PROVISIONS AND REPORTING REQUIREMENTS _B_ <br /> Waste Discharge to Land <br /> E. Dischargers Exempt from Chapter 15 (continued) <br /> b. the permitted facility was being properly operated at the time of <br /> the upset; <br /> c. the discharger submitted notice of the upset as required in <br /> paragraph B.1. , above; and <br /> d. the discharger complied with any remedial measures required by <br /> waste discharge requirements. <br /> In any enforcement proceeding, the discharger seeking to establish the <br /> occurrence of an upset has the burden of proof. <br /> 4. A discharger whose waste flow has been increasing, or is projected to <br /> increase, shall estimate when flows will reach hydraulic and treatment <br /> capacities of its treatment, collection, and disposal facilities. The <br /> projections shall be made in January, based on the last three years ' <br /> average dry weather flows, peak wet weather flows and total annual <br /> flows, as appropriate. When any projection shows that capacity of any <br /> part of the facilities may be exceeded in four years, the discharger <br /> shall notify the Board by 31 January. <br /> 5. Effluent samples shall be taken downstream of the last addition of <br /> wastes to the treatment or discharge works where a representative <br /> sample may be obtained prior to disposal . Samples shall be collected <br /> at such a point and in such a manner to ensure a representative sample <br /> of the discharge. <br /> 6. Definitions <br /> a. Upset means an exceptional incident in which there is unintentional <br /> and temporary noncompliance with effluent limitations because of <br /> factors beyond the reasonable control of the Discharger. An upset <br /> does not include noncompliance to the extent caused by operational <br /> error, improperly designed treatment facilities, inadequate <br /> treatment facilities, lack of preventive maintenance, or careless <br /> or improper action. <br /> b. The monthly average discharge is the total discharge by volume <br /> during a calendar month divided by the number of days in the month <br /> that the facility was discharging. This number is to be reported <br /> in gallons per day or million gallons per day. <br /> Where less than daily sampling is required by this Order, the <br /> monthly average shall be determined by the summation of all the 18 <br /> measured discharges by the number of days during the month when the <br /> measurements were made. <br />