A. Notification of Accidental Discharge, Spill, Slug Loading, Bypass, Upset or Other Noncompliance.
1. Notification.
a. In the event of bypass, upset, accidental discharge, spill, or slug load, which may endanger health, the environment, or the POTW, the user shall notify the Pima County regional wastewater reclamation department by telephone immediately upon discovery of the occurrence.
b. The user shall notify the industrial wastewater control section by telephone within twenty-four hours from the time the user becomes aware of the circumstances in which any discharge exceeds any effluent limitation in the permit, or exceeds a maximum discharge limitation for any of the pollutants listed in this chapter.
c. The notification shall include location of discharge, type of waste, discharge concentration and volume, and corrective actions taken by the user.
d. Within five days following notification, the user shall submit to the director a detailed written report containing such information and describing the cause of the discharge and measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, fines, civil penalties or other liability which may be incurred as a result of damage to the POTW or any other person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
e. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the director within thirty days after becoming aware of the exceedance.
2. Other Noncompliance Notification. The user shall report all instances of noncompliance at the time monitoring reports are submitted. The reports shall contain the information listed in subsections (A)(1)(c) and (d) of this section.
3. Other Information. When the user becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the director, it shall promptly submit such facts or information.
B. Bypass.
1. Bypass not Exceeding Limitations. The user may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it is also for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (B)(3) and (B)(4) of this section.
2. Notice.
a. Anticipated Bypass. If the user knows in advance of the need for a bypass, it shall submit prior notice, at least ten days before the date of the bypass.
b. Unanticipated Bypass. The user shall submit notice of an unanticipated bypass as required in subsection (A)(1) of this section.
3. Prohibition of Bypass. Bypass is prohibited, and the director may take enforcement action against a user for bypass, unless:
a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. Severe property damage means substantial physical damage to property, damage to treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can be reasonably expected to occur in the absence of a bypass. Severe property damage does not mean economic loss by delays in production;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities or retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and,
c. The user submitted notices as required under paragraph (B)(2) of this section.
4. The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three conditions listed above in subsection (B)(3) of this section.
C. Upset.
1. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitations if the requirements of subsection (C)(2) of this section are met.
2. Conditions necessary for a Demonstration of Upset. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. An upset occurred and that the user can identify the cause(s) of the upset;
b. The permitted facility was at the time being properly operated;
c. The user submitted notice of the upset as required in subsection (A)(1) of this section; and
d. The user complied with any remedial measures required under Section 13.36.130(J).
3. Burden of Proof. In any enforcement proceeding, the user, seeking to establish the occurrence of an upset, has the burden of proof.
(Ord. 2013-32 (part), 2013)