(a) Any discharger who experiences an upset in operation which places the discharger in a temporary state of noncompliance with this chapter shall inform the authority thereof immediately of all discharges that could cause problems to the POTW, including slug loads (40 CFR 403.12(g)). A written follow-up report thereof shall be filed by the discharger with the City within five days. The report shall specify:
(1) Description of the upset, the cause thereof and the upset's impact on a discharger'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 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 City against a discharger for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 285(16-17). Passed 6-15-17.)