Section 18.83.420. Upset; terms and conditions.

	(a)  In any enforcement action for noncompliance with technology-based permit effluent limitations, a permittee may claim upset as an affirmative defense. A permittee seeking to establish the occurrence of an upset has the burden of proof to show that the requirements of (b) of this section are met.  
	(b)  To establish the affirmative defense of upset, a permittee must demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that  
		(1) an upset occurred and the permittee can identify the cause or causes of the upset;  
		(2) the permitted facility was at the time being properly operated;  
		(3) the permittee submitted 24-hour notice of the upset as required in 18 AAC 83.410(f); and  
		(4) the permittee complied with any mitigation measures required under 18 AAC 83.405(e).  
	(c)  Any determination made in administrative review of a claim that noncompliance was caused by upset, before an action for noncompliance is commenced, is not final administrative action subject to judicial review.  

Authorities

44.46.020;46.03.010;46.03.020;46.03.050;46.03.100;46.03.110

Notes

Reference

18 AAC 83.405
18 AAC 83.425

Authority

AS 44.46.020 AS 46.03.010 AS 46.03.020 AS 46.03.050 AS 46.03.100 AS 46.03.110

History

Eff. 7/29/2006, Register 179