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r 40 CFR Ch. 1 (7_1_94 Editia. :e submit- the info ronmental Protection Agency §403.17 his Bele- cordance with will ro treated with the procedures � with standard(s) adjusted under orally, a written submission must be idered by CPR Part 2(Public Information). (b> Effluent d section. provided within five days): sal t.r in data provided data Information i4) Credit shall be granted only if (i) A description of the Indirect Dis- alterna• to the Control Auth a User demonstrates that the intake charge and cause of noncompliance; ilY Pursuant h this part which °t ter is drawn from the same body of (ii) The period of noncompliance, in- and the fluent data shall be available tot ter as that into which the POTW eluding exact dates and times or,if not aination; Public without restriction. arges. The Control Authority corrected, the anticipated time the (c) State or POTW. All other ' y waive this requirement if it finds noncompliance is expected to contin- escribed oration which is submitted t mot' T,pat no environmental degradation us; Of this State or POTW shall be ted to ethe result. (iii) Steps being taken and/or to the the public at least to the exai av tent to (C) The applicable categorical pre- planned to reduce, eliminate and pre- not the vided by 40 CFR,2,302 Pro -treatment standards contained in 40 vent recurrence of the noncompliance. 9403.15 N CFR Subchapter N specifically provide (d) Burden of proof. In any enforce- Within et/Groes calculation. - that they shall be applied on a net ment proceeding the Industrial User ceipt of Categorical tandar basis. seeking to establish the occurrence of he Ad- may be adjusted S an Upset shall have the burden of -nee re- encs of dJusted to reflect the pr f�FR 40614,Oct.17,1988) Pollutants in the Proof. her in- User'sof water in accordance a 8403.16 Upset provision. (o i%f claims bi.Zity of et. In/consider- intakeeusual this section. ante wfth (a) Definition. For the purposes of exert of claims of upset l the usual .this section, Upset means an excep- exercise f prosecutorial discretion, sfor a wishing Application. Any Industrial User Agency enforcement personnel should to obtain credit for intake pol- flOD� incident in which there is unin- review any claims that noncompliance 'pitted lutants must make application tot tentional and temporary noncompli- was caused by an Upset.No determine- 'astsia] Control Authority. II quest of ante with categorical Pretreatment eously the Industrial Pon re he tions made in the course of the review 'Ie In- Standard will be II s' the applicable j% the standards eason blewuse of control of the Inaustr�i- constitute final Agency action subject elated on a "net" IIser. An IIpset does not include to judicial review.Industrial Users will bolts (1.e., adjusted to reflect credit for noncompliance to the extent caused have the opportunity for a judicial de- ur de- pollutants in the intake water) if the by operational error. improperly de- termination on any claim of Upset e Re- requirements of Paragraphs(b)and (c) signed treatment facilities, inadequate only in an enforcement action brought find- of this section are met. 'gale (b) Criteria (1) The Industria] User for noncompliance with categorical Ition must treatment facilities, lack of preventive Pretreatment Standards. ental demonstrate that the control maintenance, or careless or improper in case of system it proposes or uses to meet a operation. upset.User he IndustriallUser shall con- 's of plicable categorical p' (b)Effect of an upset. An IIpset shall 's of Standards would Pretreatment constitute an affirmative defense to an trol production or all Discharges to cion. and operated, if the Sly installed action brought for noncompliance the extent necessary to maintain com- the absence of meet the Standards in with categorical Pretreatment Stand- pliance with categorical Pretreatment 3e . pollutants in the ' Standards upon reduction,loss,or fail- sept. waters. intake ards if the requirements of paragraph ure of its treatment facility until the - FR. (2) Credit for generic (c)are met. facility is restored or an alt� c:,..,. 9921 such as bioche pollutants (BOD), rmcal oxygen de (c) Conditions necessary for a dem- method of treatment is provided. This total suspended solids (Tsang d orutration of upset An Industrial User requirement applies :_ 'be situation and oil and grease should not s who wishes to establish the affirms- nc ed artless the Industrial User dgr'ant tive defense of IIpset shall demon• wary source of power of where, among other things, pion strates that the constituents mon- strate, through properly signed, con- facility is reduced,lost or fails. ese ner7c measure in the IIs of the ge- temporaneous operating logs, or other are substantigjl User's effluent relevant evidence that: 146 FR 9439,Jan.28, 1981,as amended at 53 tch 5tttnents of the g similar as to the con- (1) An Upset occurred and the In- FR 40615,Oct.17,1988) Of intake water or generic measure in the dustrial User can identify the cause(s) ,ed ditional limits ar�� appropirate ad- ) of the Upset; is 403.17 Bypass. Ic- water pollutan Placed on Process t is- or elsewhere. is either at the outfall (2)The facility was at the time being (a) Definitions. (1) Bypass means fi here. operated in a prudent and workman- the intentional diversion of wastes- (3) Credit shall be like manner and in compliance with treams from any portion of an Indus- 2h to the extent necessary to mit theyap- applicable operation and maintenance trial User's treatment facility. a. Plicable categorical Pretreatment ( Procedures; (2) Severe property damage means equalSlandard(s)the uP to a maximum value equal to the ' t (3) The Industrial User has submit- substantial physical damage to proper- it influent value. Additional ted the following information to the ty, damage to the treatment facilities monitoring tray be necessary to deter- POTW and Control Authority within which causes them to become inoper- 3, mine eligibility for credits and dere - 24 hours of becoming aware of the able, or substantial and permanent 46 Upset (if this information is provided loss of natural resources which can 47