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PART II <br />Page 12 of 18 <br />Permit No: MN 0060259 <br /> <br />Affirmative Upset Defense. If the Perm]tt.e exoeeJ~ p~r~%~ <br />limits due to an upset, the Permittee has an affirmative <br />defense to an enforcement action brought by the Agency as a <br />result of the noncompliance if the Permittee demonstrates the <br />following by a preponderance of competent evidence: <br /> <br />(1) The specific cause of the upset; <br /> <br />(2) That the upset was unintentional; <br /> <br />(3) That the upset resulted from factors beyond the control of <br />the Permittee and did not result from .operational error, <br />improperly designed treatment facilities, inadequate treatment <br />facilities, lack of preventative maintenance, or increases in <br />production which are beyond the design capability of the <br />treatment facilities; <br /> <br />(4) That at the time of the upset the facility was being <br />properly operated; <br /> <br />(5) That the Permittee notified the Agency within 24 hours of <br />the upset; and <br /> <br />(6) That the Permittee took all reasonable steps to minimize <br />the adverse impacts on human health, public drinking water <br />supplies, and the environment resulting from the upset. <br /> <br />Written Report. The Permit{ee shall include with its next <br />Discharge Monitoring Report a written report about any upset <br />that occurred in the previous month. The report shall contain <br />the same information required for a bypass report under <br />paragraph II.A.l.f and in addition shall describe the steps <br />taken to minimize the adverse impacts on human health, public <br />drinking water supplies, and the environment resulting from the <br />upset. <br /> <br />Pe,~mit Limit Exceedances. If, for any reason, the Permittee exceeds <br />any effluent limitation specified in the Permit, the Permittee shall <br />report with the next Discharge Monitoring Report, the following <br />information: <br /> <br />A description of the discharge, approximate volume, and the <br />cause of the noncompliance. <br />The period of noncompliance including exact dates and times, <br />the anticipated time of noncompliance if 5t 5s still <br />continuing, and the steps taken to correct, reduce, eliminate, <br />and prevent recurrence of the noncomplying discharge. <br /> <br />Adyerse Impact <br /> <br />The Permittee shall take all reasonable steps to minimize <br />adverse impact to waters of the State resulting from: <br /> <br />any <br /> <br /> <br />