(A) Any discharger that experiences an upset in operations which places the discharger in a temporary state of non-compliance with this section or the permit must inform the town within 24 hours of the upset occurrence. When such information is given orally, a written report must be sent to the town within five days. The report must specify:
(1) Description of the upset, the cause, and the upset’s impact on the discharger’s compliance status;
(2) Duration of non-compliance, including times and dates of non-compliance; and
(3) Steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset.
(B) A documented and verified operating upset can be an affirmative defense to any enforcement action brought by the town against a discharger for non-compliance if the requirements of 40 C.F.R. § 403.16(c) are met.
(Prior Code, § 3.1)