(A) Any industrial discharger which experiences an upset in operations which places the industrial discharger in a temporary state of noncompliance with this chapter shall inform the city 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 industrial discharger with the city within five days.
(B) The report shall specify:
(1) Description of the upset, the cause thereof and the upset’s impact on an industrial 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; and
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
(C) A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the city against an industrial discharger for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset.
(Prior Code, § 5.04.31)