(A) Any user which experiences an upset in operations which places the user in a temporary state of non- compliance with this chapter or their wastewater discharge permit issued pursuant hereto shall inform the Superintendent thereof immediately of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report form, which is supplied to the user by the District shall be completed and filed by the user with the POTW within 5 days. The report specifies:
(1) Description of the upset, the cause thereof and the upset’s impact on a discharger’s compliance status;
(2) Duration of non-compliance, including exact dates and times of non-compliance, and if the non-compliance 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 conditions of non-compliance.
(B) A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the District against a user for any non- compliance with this chapter or any wastewater discharge permit issued pursuant hereto, which arises out of violation alleged to have occurred during the period of the upset if the requirements of this section are met.
(Prior Code, § 51.171) (Ord. 7650, passed 2-14-1994)