§ 51.146  UPSETS.
   (A)   The industrial user must submit the following information to the city within 24 hours upon becoming aware of an operational upset (if this information is provided orally, a written submission must be provided within ten working days):
      (1)   A description of the upset and specific cause of noncompliance;
      (2)   The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
      (3)   Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
   (B)   A documented and verified upset may constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of 40 C.F.R. § 403.16(c) are met.
(Ord. 2009-02, passed 5-12-2009)