(A) Any discharger which experiences an upset in operations which places the discharger in a temporary state of non-compliance with this subchapter or the discharger’s wastewater discharge permit shall inform the authority thereof within 24 hours of the 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.
(B) The report shall specify:
(1) Description of the upset, the cause thereof and the upsets 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.
(C) 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 non-compliance with this subchapter or the discharger’s wastewater discharge permit which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 2015-6-1, passed 7-13-2015)