932.32 OPERATING UPSETS OR OTHER NONCOMPLIANCE CONDITIONS.

   Any discharger which experiences an upset in operations or other conditions which place the discharger in a temporary state of noncompliance with this chapter or a wastewater discharge permit issued pursuant hereto shall inform the District hereof within twenty-four 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 District within five days. The report shall specify:

   (a)   Description of the upset, the cause thereof and the upset's impact on discharger's compliance status.

   (b)   Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.

   (c)   All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance. A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the District against a discharger for any noncompliance with this Code or with any wastewater discharge permit issued pursuant hereto which arises out of violations alleged to have occurred during the period of the upset.

      (Ord. 92-206. Passed 4-29-92.)