Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 310 - PRETREATMENT PROGRAMS
Subpart I - UPSETS
Section 310.903 - Conditions Necessary for an Upset
Current through Register Vol. 48, No. 38, September 20, 2024
An industrial user who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that the following has occurred:
a) An upset occurred and the industrial user can identify the cause or causes of the upset;
b) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
c) The industrial user has submitted the following information to the POTW and Control Authority within 24 hours after becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days);
BOARD NOTE: Derived from 40 CFR 403.16(c) (2003).