When an upset occurs, a user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment equipment until the equipment is restored or an alternative method of treatment is provided. The user must also report the upset in accordance with § 12.5-656. This requirement applies in the situation where, among other things, the primary source of power of the treatment equipment is reduced, lost or fails. A user may have an affirmative defense to upset under § 12.5-677.1 of this article only if the cause of action is brought in a federal court.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 7, passed 1-10-2012)