Any discharger who experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter or a wastewater discharge permit issued pursuant hereto shall comply with the notification and reporting procedures described in § 54.67 for accidental discharges. 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 with this chapter or any wastewater discharge permit issued pursuant to this chapter which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 02-03, passed 7-15-2002)