(a) Any industrial user which experiences an upset in operations which places the industrial user 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 industrial user with the Authority within five days. The report shall specify:
(1) A description of the upset, the cause thereof and the upset’s impact on an industrial user’s compliance status;
(2) The duration of noncompliance, including exact dates and time 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 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 the industrial user for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset. An industrial user who wishes to establish such an affirmative defense shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
(1) An upset occurred and the industrial user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(3) The industrial user has complied with the requirement of division (a) hereof.
(c) In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(d) In case of an upset, the industrial user shall control production or all discharges to the extent necessary to maintain compliance with the standards of this chapter upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary service of power of the treatment facility is reduced, lost or fails.
(Ord. 1991-239, passed 12-2-1991)