§ 26.50.110. Operating upsets.

A.

[Notification.] Any user that experiences an upset in operations that places the user in a temporary state of noncompliance with this chapter or a wastewater discharge permit issued pursuant hereto shall inform the utility thereof within 24 hours of first awareness of the commencement of the upset.

B.

[Follow-up report.] Where such information is given orally, a written follow-up report shall be filed by the user with the utility within five (5) days providing the following information:

1.

Description of the upset, the cause thereof and the upset's impact on a 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.

C.

Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with pretreatment standards if the requirements of section D (Conditions Necessary for Demonstration of Upset) are met. The user is responsible during an upset to take reasonable measures to control production and/or discharges to reestablish and maintain compliance with this permit.

D.

Conditions necessary for demonstration of upset. To establish the affirmative defense of upset, the user shall demonstrate, through properly signed, contemporaneous operating logs, other relevant evidence indicating:

1.

An upset occurred and the user identifies the cause(s) of the upset;

2.

The permitted facility was, at the time of the upset, being properly operated;

3.

The user submitted notice of the upset as required under sections 26.50.110 A. and B.

E.

Burden of proof. In any enforcement proceeding the user seeking to establish the occurrence of an upset shall have the burden of proof.

(AO No. 2000-129(S), § 10, 11-21-00; AO No. 2012-77, § 9, 8-7-12)