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Order <br />2009-0009-DWQ amended by 2010-0014-DWQ & 2012-0006-DWQ <br /> 26 <br />through properly signed, contemporaneous operating logs, or other <br />relevant evidence that: <br /> <br />a. An upset occurred and that the discharger can identify the cause(s) <br />of the upset <br /> <br />b. The treatment facility was being properly operated by the time of <br />the upset <br /> <br />c. The discharger submitted notice of the upset as required; and <br /> <br />d. The discharger complied with any remedial measures required <br /> <br />2. No determination made before an action of noncompliance occurs, <br />such as during administrative review of claims that noncompliance was <br />caused by an upset, is final administrative action subject to judicial <br />review. <br /> <br />3. In any enforcement proceeding, the discharger seeking to establish the <br />occurrence of an upset has the burden of proof <br /> <br />N. Penalties for Falsification of Reports <br /> <br />Section 309(c)(4) of the CWA provides that any person who knowingly <br />makes any false material statement, representation, or certification in any <br />record or other document submitted or required to be maintained under <br />this General Permit, including reports of compliance or noncompliance <br />shall upon conviction, be punished by a fine of not more than $10,000 or <br />by imprisonment for not more than two years or by both. <br /> <br />O. Oil and Hazardous Substance Liability <br /> <br />Nothing in this General Permit shall be construed to preclude the <br />institution of any legal action or relieve the discharger from any <br />responsibilities, liabilities, or penalties to which the discharger is or may be <br />subject to under Section 311 of the CWA. <br /> <br />P. Severability <br /> <br />The provisions of this General Permit are severable; and, if any provision <br />of this General Permit or the application of any provision of this General <br />Permit to any circumstance is held invalid, the application of such <br />provision to other circumstances and the remainder of this General Permit <br />shall not be affected thereby. <br /> <br />Q. Reopener Clause <br />