§ 52.67 OPERATING UPSETS.
   (A)   Any discharger who experiences an upset in operations which places the discharger in a temporary state of non-compliance 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 discharger with the city within 5 days. The report shall specify:
      (1)   Description of the upset, the cause thereof and the upset's impact on a discharger's compliance status.
      (2)   Duration of non-compliance, including exact dates and times of non-compliance and, if the non-compliance continues, the time by which compliance is reasonably expected to occur.
      (3)   All steps taken or to be taken to reduce, eliminate and prevent recurrence of such upset or other conditions of non-compliance.
   (B)   A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the city against a discharger for any non-compliance with the chapter which arises out of violations alleged to have occurred during the period of the upset.
(1981 Code, § 52.67) (Ord. 6586-93, passed 1-10-1994)