A person shall be entitled to an affirmative defenses for a violation caused by an upset only if a cause of action is brought in federal court and the user demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) The user’s facility was at the time of the upset being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
(b) The user has submitted written notice with the information listed below to the director within 24 hours of becoming aware of the upset. If this notice is provided orally, a written notice must be provided within five days. The written notice must state:
(1) A description of the indirect discharge and cause of noncompliance;
(2) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
(3) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
(Ord. 20043-01-2012, § 12, passed 1-10-2012)