An operations upset shall constitute an affirmative defense to any action brought by the city for noncompliance with the categorical and noncategorical pretreatment standards of this article, if the following demonstration and requirements are met:
(1) The industrial user shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that:
a. An upset occurred and the industrial user can identify the specific causes of the upset.
b. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.
c. The industrial user has submitted to the Authority the oral and written notifications required by section 82-165.
(2) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(3) In case of upset, the industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement shall apply in the situation where, among others, the primary source of power of the facility is reduced or lost or fails.
(4) An industrial user shall not have an affirmative defense in any action brought against it alleging a violation of the general discharge prohibitions established in section 82-153.
(Ord. No. 144, 5-16-2005)