Fla. Admin. Code Ann. R. 62-625.840 - Upset Provision
(1) An upset does
not constitute noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance , or careless or improper operation.
(2) Effect of an upset . An upset shall
constitute an affirmative defense to an action brought for noncompliance with
categorical pretreatment standards if the requirements of subsection (3),
below, are met.
(3) Conditions
necessary for a demonstration of upset . An industrial user who wishes to
establish the affirmative defense of an upset shall demonstrate, through
properly signed, contemporaneous operating logs, or other relevant evidence
that:
(a) An upset occurred and the industrial
user can identify the cause of the upset ;
(b) The industrial user's facility was, at
the time of the upset , being properly operated; and,
(c) The industrial user has orally submitted
the following information to the control authority within 24 hours of becoming
aware of the upset , with a written submission to be provided within 5 days:
1. A description of the discharge and cause
of noncompliance;
2. The period of
noncompliance, including exact dates and times or, if not corrected, the
anticipated time the noncompliance is expected to continue; and,
3. Steps being taken or planned to reduce,
eliminate and prevent recurrence of the
noncompliance.
(4) Industrial user responsibility in case of
an upset . The industrial user shall control production or all discharges to the
extent necessary to maintain compliance with categorical pretreatment standards
upon reduction, loss, or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This requirement
applies in the situation where, among other things, the primary source of power
of the treatment facility is reduced, lost or fails.
Notes
Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885, 403.08851 FS.
New 11-29-94, Amended 1-8-97.
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