(A) Any user which experiences an upset in operations which places the user in a temporary state of noncompliance with this chapter shall inform the Director thereof within 24 hours of first awareness of the commencement of the upset. Where this information is given orally, a written follow-up report thereof shall be filed by the user with the Director within five days. The report shall discuss the following.
(1) Description of the upset, the cause thereof, and the upset's impact on a user'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.
(3) All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an 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 Director against a user for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 64-92, passed 8-10-92)