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<br /> <br /> <br /> <br /> <br /> <br /> 5ec. 34-109. Hazardous Waste Notification. <br /> <br /> It shall be Unlawful for an industrial user to <br /> fail to notify the City of Paris environmental <br /> services division, the EPA Regional Waste Manage- <br /> ment Division Director, and State Hazardous Waste <br /> Authorities in writing of any discharge into the <br /> POTW ot a substance, which if otherwise disposed <br /> of, would be a hazardous waste under 40 CFR, part <br /> 261. The notice herein required does not relieve <br /> the industrial user of its obligation to comply <br /> with any RCRA, CERCLA, or SARA requirements relat- <br /> ing to handling of such hazardous wastes. <br /> Sec. 34-110. Upset Provision. <br /> (a) An upset shall constitute an affirmative <br /> defense to an action brought for noncompliance with <br /> pretreatment standards if the requirements of <br /> paragraph (b) are met. <br /> (b) Conditions necessary for a demonstration <br /> of upset shall demonstrate, through properly <br /> signed, contemporaneous operating logs, or other <br /> relevant evidence that; <br /> (l) An upset occurred and the industrial user <br /> can identify the specific cause(s) of the <br /> upset; <br /> <br /> (2) The facility was at the time being <br /> operated in a prudent and workmanlike manner <br /> and in compliance with applicable operation <br /> and maintenance procedures; <br /> (3) The industrial user has submitted the <br /> following information to the control authority <br /> within 24 hours of becoming aware of the upset <br /> (if this informat:ion is provided orally, a <br /> written submission a►ust be provided within <br /> five days): <br /> a) A description of the indirect <br /> discharge and cause of noncompliance; <br /> b) The period of noncompliance, includ- <br /> ing exact dates and times or, if not <br /> corrected, the anticipated time the <br /> noncompliance is expected to continue; <br /> <br /> c) Steps being taken and/or planned to <br /> reducE, eliminate and prevent recurrence <br /> of the noncompliance. <br /> (c) The industrial user seeking to establish <br /> the occurrence of an upset shall have the burden of <br /> proof in any enforcement proceeding. <br /> (d) 'The industrial user shall control the <br /> generation of all discharges to the extent neces- <br /> sary to maintain compliance with pretreatment <br /> standards upon reduction, loss, or failure of its <br /> treatment facility until the facility is restored <br /> or an alternative method of treatment is provided. <br /> This requirement applies in the situation where, <br /> among ather things, the primary source of power of <br /> the treatment facility is reduced, lost or fails. <br /> <br /> <br /> <br /> -29- <br />