§ 1054.24  OPERATING UPSETS.
   (A)   Any categorical or non-categorical industrial user which experiences an upset in pretreatment facility operations which places the user in a temporary state of non-compliance with applicable pretreatment standards shall inform the authority thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the user with the Superintendent of Utilities within five days. The report shall specify the following:
      (1)   A description of the upset, the cause thereof and the upsets impact on the user’s compliance status;
      (2)   The duration of non-compliance, including exact dates and times of non-compliance and, if the non-compliance continues, the time by which compliance is reasonably expected to occur; and
      (3)   All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of non-compliance.
   (B)   A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Superintendent against a user for any non-compliance with pretreatment standards which arises out of violation alleged to have occurred during the period of the upset. A user who wishes to establish the affirmative defense shall demonstrate through properly signed, contemporaneous operating logs or other relevant evidence, that:
      (1)   An upset occurred and the user can identify the cause(s) of the upset;
      (2)   The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
      (3)   The user had submitted to the control authority the information required in division (A) above. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
   (C)   The industrial user shall control production on all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies where, among other things, the preliminary source of power of the treatment facility is reduced or fails.
(Prior Code, § 1054.24)  (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)