ARSD 74:52:03:10. Upsets

A permittee who wishes to establish the affirmative defense of an upset must demonstrate, through signed, contemporaneous operating logs or other relevant evidence that the following happened: (1) An upset occurred and the permittee can identify the cause or causes of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee gave 24-hour notice of the upset; and (4) The permittee took remedial measures to minimize or prevent a discharge in violation of the permit. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof.