(A) Any industrial user which experiences an upset in operations which places the industrial user in a temporary state of non-compliance with this chapter or an industrial waste permit issued pursuant hereto shall inform the authority thereof within one hour of first awareness of 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 the information requested in § 52.042(C).
(B) A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the authority against an industrial user for any non-compliance with the chapter or industrial waste permit issued pursuant hereto, which arises out of violations alleged to have occurred during tne period of the upset.
(C) Any charges or fines levied against the city by any state or federal agency, as a result of such properly reported upset, shall be equally divided and paid one half by the industrial user and one half by the city.
(Ord. 6-94, passed 4-27-94)