(A) Any discharger that experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter or a wastewater permit must inform the Sanitary Sewer System Superintendent within 24 hours of the upset occurrence. When such information is given orally, a written report must be sent to the town within five days. The report must specify:
(1) The description of the upset, the cause and the upset’s impact on the discharger’s compliance status;
(2) The duration of noncompliance, including times and dates of noncompliance; and
(3) The steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset.
(B) A documented and verified operating upset can be an affirmative defense to any enforcement action brought by the authority against a discharger for noncompliance if the requirements of 40 C.F.R. § 403.16(c) are met.
(Ord. 2015-6, passed 6-25-2015)