(A) Any industrial user which experiences an upset shall inform the township upon the user’s first awareness of the upset.
(B) A documented upset shall be an affirmative defense to any enforcement action brought by the township against a user for any non-compliance with the ordinance or any permit issued pursuant hereto, which arises out of violations alleged to have occurred during the period of the upset.
(C) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the industrial user can identify the specific 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 submitted the following information to the township within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days):
(a) A description of the discharge and cause of non-compliance;
(b) The period of non-compliance, including exact dates and times or, if not corrected, the anticipated time the non-compliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the non-compliance.
(D) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(Prior Code, § 70.014) (Ord. 92-2, effective 4-23-1992)