13.16.270 Operating upsets.
A. Any industrial user which experiences an upset in operations which places the industrial user in a temporary state of noncompliance with the requirements of this chapter or an industrial waste discharge permit shall inform the City Manager as soon as possible, but no later than twenty-four (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 industrial user with the City Manager within five days. The report shall specify:
1. Description of the upset, the cause of the upset and the upset’s impact on an industrial user’s compliance status;
2. 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;
3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance; and
4. Provide evidence that the facility was at the time of the upset being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures.
B. A documented and verified operating upset shall be an affirmative defense to any enforcement action brought by the City Manager against an industrial user for noncompliance with categorical pretreatment standards, which arises out of violations alleged to have occurred during the period of the upset. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards only if all requirements of subsection A of this section are met. (Ord. 2-2023 § 1 (Att. A), 2023.)