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STANDARD PROVISIONS AND REPORTING REQUIREMENTS -5 National Pollutant Discharge Elimination System b. the permitted facility was being properly operated at the time of the upset; c. notice of the upset was submitted as required in paragraph B. 1 . ; and d. remedial measures were implemented as required under paragraph A.17. In any enforcement proceeding, the Discharger seeking to establish the occurrence of an upset has the burden of proof. 15. This Order is not transferable to any person except after notice to the Board. The Board may modify or revoke and reissue the Order to change the name of the Discharger and incorporate such other requirements as may be necessary under the CWA. 16. Except for data determined to be confidential under Section 13267 of the CWC, all reports prepared in accordance with terms of this Order shall be available for public inspection at the offices of the Board and EPA. Effluent data are not confidential . 17. The Discharger shall take all reasonable steps to minimize any adverse effects to waters of the State or users of those waters resulting from any discharge or sludge use or disposal in violation of this Order. Reasonable steps shall include such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge or sludge use or disposal . 18. The fact that it would have been necessary for the Discharger to halt or reduce the permitted activity in order to comply with this Order shall not be a defense for violating this Order. 19. The Discharger shall ensure compliance with any existing or future pretreatment standard promulgated by EPA under Section 307 of the CWA, or amendment thereto, for any discharge to the municipal system. 20. The discharge of any radiological , chemical or biological warfare agent or high-level , radiological waste is prohibited. 21. A copy of this Order shall be maintained at the discharge facility and be available at all times to operating personnel . Key operating personnel shall be familiar with its content. 22. Neither the treatment nor the discharge shall create a condition of nuisance or pollution as defined by the CWC, Section 13050.