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Groundwater VOC and Fuel General Permit ORDER NO.R2-2012-0012 <br /> NPDES NO.CAG912002 <br /> 2. Conditions necessary for a demonstration of upset. A Discharger who wishes to establish the <br /> affirmative defense of upset shall demonstrate, through properly signed, contemporaneous <br /> operating logs or other relevant evidence that(40 CFR § 122.41(n)(3)): <br /> a. An upset occurred and that the Discharger can identify the cause(s) of the upset(40 CFR <br /> § 122.41(n)(3)(i)); <br /> b. The permitted facility was, at the time,being properly operated(40 CFR § <br /> 122.41(n)(3)(ii)); <br /> c. The Discharger submitted notice of the upset as required in Standard Provisions— <br /> Reporting V.E.2.b below(24-hour notice) (40 CFR § 122.41(n)(3)(iii)); and <br /> d. The Discharger complied with any remedial measures required under <br /> Standard Provisions—Permit Compliance LC above. (40 CFR§ 122.41(n)(3)(iv).) <br /> 3. Burden of proo£ In any enforcement proceeding, the Discharger seeking to establish the <br /> occurrence of an upset has the burden of proof. (40 CFR§ 122.41(n)(4).) <br /> II. STANDARD PROVISIONS—PERMIT ACTION <br /> A. General <br /> This Order may be modified, revoked and reissued, or terminated for cause. The filing of a <br /> request by the Discharger for modification, revocation and reissuance, or termination, or a <br /> notification of planned changes or anticipated noncompliance does not stay any Order condition. <br /> (40 CFR§ 122.41(fl.) <br /> B. Duty to Reapply <br /> If the Discharger wishes to continue an activity regulated by this Order after the expiration date <br /> of this Order, the Discharger must submit a completed Notice of Intent form(see Attachment B), <br /> 180 days in advance of the Order expiration date, to obtain a new permit. (40 CFR § 122.41(b).) <br /> C. Transfers <br /> Any authorization to discharge issued under this Order is not transferable to any person except <br /> after filing a modified Notice of Intent with the Regional Water Board. If the new Discharger <br /> has a different professional engineer, the modified Notice of Intent shall be revised accordingly.\ <br /> III. STANDARD PROVISIONS—MONITORING <br /> A. Samples and measurements taken for the purpose of monitoring shall be representative of the <br /> monitored activity. (40 CFR§ 122.41(j)(1).) <br /> B. Monitoring results must be conducted according to test procedures under 40 CFR Part 136 or <br /> other test procedures specified in this Order. (40 CFR § 122.41(j)(4); § 122.44(i)(1)(iv).) <br /> IV. STANDARD PROVISIONS—RECORDS <br /> Attachment D—Standard Conditions D-5 <br />