(A) Any industrial user, which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter or wastewater contribution permit issued pursuant hereto, shall inform the POTW immediately upon 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 discharger with the POTW within five calendar days. The report shall specify:
(1) Description of the upset, the cause thereof, and the upset's impact on a discharger's compliance status;
(2) Duration of noncompliance, including exact dates and times of noncompliance; an estimate of the volume and strength of wastes discharged and if the noncompliance continues, the time by which compliance is reasonably expected to occur;
(3) All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset or other conditions that may result in continued noncompliance.
(B) An
UPSET means an exceptional incident in which there is unintentional and temporary noncompliance with Categorical Pretreatment Standards because of factors beyond the reasonable control of the industrial user. An “upset” does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(C) An upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of division (D) of this section are met.
(D) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the industrial 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.
(3) The industrial user has submitted the following information to the POTW and Control Authority within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five calendar days):
(a) A description of the indirect discharge and cause of noncompliance.
(b) The period of noncompliance, including exact duties and times or, if not corrected, the anticipated time the noncompliance is expected to continue.
(c) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(Ord. 312-3-92, passed 3-16-92; Am. Ord. 493-05-02, passed 5-20-02)