(A) Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter shall inform the Control Authority thereof orally as soon as practicable but not later than within 24 hours of first awareness of the commencement of the upset. A written report shall also be filed by the discharger with the Control Authority within five working 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 an upset or other condition of noncompliance.
(B) The Control Authority may waive the written report on a case- by-case basis if an oral report has been received within 24 hours.
(C) An upset constitutes an affirmative defense to any enforcement action brought by the Control Authority against a discharger for any noncompliance with this chapter occurring during the period of the upset if the discharger demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the discharger can identify the causes of the upset;
(2) The discharging facility was at the time being properly operated;
(3) The discharger submitted the 24-hour notice and written report as required by division (A) of this section; and
(4) The discharger has taken all reasonable steps to minimize or prevent any discharge in violation of its permit or this chapter which had a reasonable likelihood of adversely affecting human health or the environment.
(D) In any enforcement action, any discharger seeking to establish the occurrence of an upset has the burden of proof.
(Ord. 338A, passed 5-5-92) Penalty, see § 52.99