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inadequate treatment or control facilities,lack of preventive maintenance,or careless or <br /> ' improper operation. <br /> b) Effect of an Upset-An upset constitutes an affirmative defense to an action brought for <br /> noncompliance with technology based.per Imt effluent limitations if the requirements of <br /> ' paragraph c.of this condition are met. No determination made during administrative review of <br /> claims that noncompliance was caused by upset,and before an action for noncompliance,is <br /> final administrative action subject to judicial review. <br /> c) Conditions Necessary for a Demonstration of Upset-A permittee who wishes to establish the <br /> affirmative defense of upset shall demonstrate,through properly signed,contemporaneous <br /> operating logs,or other relevant evidence that: <br /> i) An upset occurred and that the permittee can identify the cause(s)of the upset; <br /> ii) The permitted facility was at the time being properly operated; <br /> iii) The permittee submitted notice of the upset as required in this general permit,and, <br /> iv) The permittee complied with any remedial measures required in this general permit. <br /> ' d) Burden of Proof-In any enforcement proceeding,the permittee seeking to establish the. <br /> occurrence of an upset has the burden of proof. <br /> 5) Inspection and Entry-The permittee shall allow the Director or an authorized representative <br /> (including an authorized contractor acting as a representative of the Director),upon the <br /> ' presentation of credentials and other documents as may be required by law,to: <br /> a) Enter upon the permittee's premises where a regulated facility or activity is located or <br /> conducted,or where records must be kept under the conditions of this general permit; <br /> ' b) Have access to and copy,at reasonable times,any records that must be kept under the <br /> conditions of this general permit; <br /> c) Inspect at reasonable times any facilities,equipment(including monitoring and control <br /> equipment),practices,or operations regulated or required under this general permit;and <br /> d) Sample or monitor at reasonable times,for the purposes of assuring general permit compliance <br /> or as otherwise authorized by the Clean Water Act,any substances or parameters at any <br /> location. <br /> ' SECTION V <br /> PERMIT ADMINISTRATION AND COMPLIANCE ISSUES <br /> 1) Time of compliance—Erosion and sedimentation control measures shall be maintained,and self- <br /> monitoring shall continue,after the completion of construction and development until the <br /> ' establishment of permanent ground cover sufficient to restrain erosion or until the financially <br /> responsible party has conveyed ownership or control of the tract of land for which the erosion and <br /> sedimentation control plan has been approved and the agency that approved the plan has been <br /> notified.If the financially responsible party has conveyed ownership or control of the tract of land <br /> ' for which the Erosion and Sedimentation Control Plan has been approved,the new owner or <br /> person in control shall conduct and document self-monitoring until the establishment of permanent <br /> ground cover sufficient to restrain erosion. <br /> r the permittee shall <br /> Upon establishment of permanent ground cover sufficient to restrain erosion, <br /> request-an inspection by the permitting authority to verify the adequacy of the ground cover. <br /> Coverage under the permit shall end when a Sedimentation Inspection Report is issued <br /> documenting the final stabilization of the site with adequate permanent ground cover.The signed <br /> Sedimentation Inspection Report shall serve as a notice of termination. <br /> 2) Operation efficiency-During construction and until the completion of construction or <br /> ' development and the establishment of permanent stabilization,the permittee shall provide the <br /> operation and maintenance necessary to operate the storm water control measures and all erosion <br /> and sedimentation control measures at optimum efficiency. <br /> 3) Corrective action-If inspections required by this permit identify a need for maintenance of control <br /> measures,modifications or additions to control measures,or corrective actions to control sediment <br /> Page 1 l of 16 <br />