(A) Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter shall inform the Authority thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the Authority 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 time of noncompliance, and if the compliance is reasonably expected to occur; and
(3) All steps taken or to be taken to reduce, eliminate and prevent reoccurrence of such an 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 Authority against a discharger for any noncompliance which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 17-1989, passed 12-5-1989)