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Permit Modified: October 16, 2014 Elk River WWTF Page 30 <br />Permit Expires: lune 30, 2018 Permit #-. MN0020788 <br />Chapter 11.0. Total Facility Requirements <br />1. General Requirements <br />1.31 Effluent Violations. If sampling by the Permittee indicates a violation of any discharge limitation specified in <br />this permit, the Permittee shall immediately investigate the cause of the violation, which may include but is not <br />Iimited to, collecting additional samples and/or other investigative actions. The Permittee shall also take <br />appropriate action to prevent fiuture violations. If the permittee discovers that noncompliance with a condition of <br />the permit has occurred which could endanger human health, public drinking water supplies, or the environment, <br />the Permittee shall within 24 hours of the discovery of the noncompliance, orally notify the commissioner and <br />submit a written description of the noncompliance within 5 days of the discovery. The written description shall <br />include items a. through e., as listed below. If the Permittee discovers other non-compliance that does not <br />explicitly endanger human health, public drinking water supplies, or the environment, the non-compliance shall <br />be reported during the next reporting period to the MPCA with its Discharge Monitoring Report (DMR). If no <br />DMR is required within 30 days, the Permittee shall submit a written report within 30 days of the discovery of <br />the noncompliance. This description shall include the following information: <br />a. a description of the event including volume, duration, monitoring results and receiving waters; <br />b. the cause of the event; <br />c. the steps taken to reduce, eliminate and prevent reoccurrence of the event; <br />d. the exact dates and times of the event; and <br />e. steps taken to reduce any adverse impact resulting from the event. <br />(Minn. R. 7001.0150, subp. 3k) <br />1.32 Upset Defense. In the event of temporary noncompliance by the Permittee with an applicable effluent limitation <br />resulting from an upset at the Permmittee's facility due to factors beyond the control of the Permittee, the <br />Permittee has an affirmative defense to an enforcement action brought by the Agency as a result of the <br />noncompliance if the Permittee demonstrates by a preponderance of competent evidence: <br />a. The specific cause of the upset; <br />b. That the upset was unintentional; <br />c: That the upset resulted from factors beyond the reasonable control of the Permittee and did not result from <br />operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative <br />maintenance, or increases in production which are beyond the design capability of the treatment facilities; <br />d. That at the time of the upset the facility was being properly operated; <br />e. That the Permittee properly notified the Commissioner of the upset in accordance with Minn. R. 7001.1090, <br />subp. 1, item 1; and <br />f That the permittee implemented the remedial measures required by Minn. R. 7001.0150, subp. 3, item J. <br />Release <br />1.33 Unauthorized Releases of Wastewater Prohibited. Except for discharges from outfalls specifically authorized by <br />this permit, overflows, discharges, spills, or other releases of wastewater or materials to the environment, <br />whether intentional or not, are prohibited. However, the MPGA will consider the Permittee's compliance with <br />permit requirements, frequency of release, quantity, type, location, and other relevant factors when determining <br />appropriate action. (40 CFR 122.41 and Minn. Stat. Sec 115.051) <br />