(a) Any user who experiences an upset in operations which places the user in a temporary state of noncompliance with this chapter shall inform the City thereof within twenty-four hours 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 user with the City within five days. The report shall specify:
(1) A description of the upset, the cause thereof and the impact of the upset on a user's compliance status;
(2) The 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 a recurrence of such an upset for other conditions of noncompliance.
(b) An upset shall not be cause for affirmative defense to any enforcement action brought by the City against a user for any noncompliance prohibited by this chapter or any wastewater discharge permit issued pursuant hereto, which arises out of a violation alleged to have occurred during the period of the upset. Where any such upset results in damage to the POTW and/or pass-through or interference at the Wastewater Pollution Control Plant, the user shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fine imposed upon the City on account thereof under State and/or Federal law.
(c) When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by this chapter, a request for extension of time may be presented for consideration by the City.
(Ord. 2002-46. Passed 3-4-02.)