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STANDARD PROVISIONS AND REPORTING REQUIREMENTS -8- Waste Discharge to Land E. Dischargers Exempt from Subchapter 15 (continued) b. the permitted facility was being properly operated at the time of the upset; c. the discharger submitted notice of the upset as required in paragraph B.1. , above; and d. the discharger complied with any remedial measures required by waste discharge requirements. In any enforcement proceeding, the discharger seeking to establish the occurrence of an upset has the burden of proof. 4. A discharger whose waste flow has been increasing, or is projected to increase, shall estimate when flows will reach hydraulic and treatment capacities of its treatment, collection, and disposal facilities. The projections shall be made in January, based on the last three years, average dry weather flows, peak wet weather flows and total annual flows, as appropriate. When any projection shows that capacity of any part of the facilities may be exceeded in four years, the discharger shall notify the Board by 31 January. 5. Effluent samples shall be taken downstream of the last addition of wastes to the treatment or discharge works where a representative sample may be obtained prior to disposal . Samples shall be collected at such a point and in such a manner to ensure a representative sample of the discharge. 6. Definitions a. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with effluent limitations because of factors beyond the reasonable control of the Discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper action. b. The monthly average discharge is the total discharge by volume during a calendar month divided by the number of days in the month that the facility was discharging. This number is to be reported in gallons per day or million gallons per day. Where less than daily sampling is required by this Order, the monthly average shall be determined by the summation of all the measured discharges by the number of days during the month when the measurements were made.