Section 36-125 Upset in Operation; Report

(a) Any discharge that experiences an upset in the operation that places the discharger in a temporary state of noncompliance with this article shall inform the director thereof immediately following first awareness of the commencement of the upset. Where such information is given orally, a written followup report must be filed by the discharger within five days. The report shall specify:

  1. Description of the upset, the cause thereof and the upset’s expected impact on the discharger’s compliance status.
  2. Duration of noncompliance including exact dates and times of noncompliance, and if the noncompliance is continuing, 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 an upset or other conditions of noncompliance.

(b) A documented and verified operating upset, demonstrated as required by 40 CFR 403.17(c), shall constitute an affirmative defense to any enforcement action brought by the director against the discharger for any noncompliance with this article, or an order or permit issued under this article, that arises out of violations alleged to have occurred during the period of the upset.
(Ord. of 4-5-93, § XII(5))