(a) Any discharger who experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter shall inform the Director thereof within twenty-four 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 discharger with the City within five 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 and, if the noncompliance 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 upset or other conditions of noncompliance.
(b) A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the City against a discharger for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 4-2012. Passed 2-6-12.)