14.60.632 Upset provisions.
Each discharger shall be subject to the following provisions in the event of an upset condition. An upset can be used as an affirmative defense to an action brought for noncompliance with categorical pretreatment standards or noncompliance with this chapter, provided the discharger demonstrates through properly signed, contemporaneous operating logs or other relevant evidence that:
A. The upset occurred and the specific cause can be identified.
B. At the time of the upset, the facility was being operated in a prudent and workmanlike manner according to all appropriate operation and maintenance procedures.
C. The discharger has submitted the following information to the city within 24 hours of discovering the upset:
1. A description of the discharge and the cause of noncompliance;
2. The period of noncompliance including exact dates and times or, if the noncompliance has not been corrected, the anticipated time the noncompliance is expected to continue;
3. The steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.
If this information is provided orally, a written submission must be sent within five days.
The discharger has the burden of proof to establish the occurrence of an upset in any enforcement proceeding.
The discharger has the responsibility to control production or cease discharges as necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of the facility until the facility is restored or an alternative method of treatment is provided. This requirement also applies where the primary source of power of the facility is reduced, lost or fails. (Ord. 3220 § 2, 2016; Ord. 2742 § 2, 2008; Ord. 1705, 1989. Formerly 14.60.320)