11.723 Operating Upsets.
Any user which experiences an upset in operation which places the user in a temporary state of noncompliance with this chapter or an industrial waste discharge permit issued pursuant to this chapter shall inform the WRD Manager of the upset immediately. The user shall also submit, within 24 hours of becoming aware of the upset, a description of the discharge and its causes, the period of noncompliance (if not corrected, the time noncompliance is anticipated to end), and the steps being taken to reduce, eliminate and prevent recurrence of the noncompliance.
If the information is given orally, the user must also submit a written report containing such information within five days.
An upset shall be an affirmative defense to an enforcement action brought against a user for violating a pretreatment standard and requirement if the following conditions are met:
(1) The user can identify the cause of the upset.
(2) The facility was operating in a prudent and workmanlike manner at the time of the upset and complied with applicable O&M procedures.
(3) The upset was reported in accordance with the requirements of this section.
Noncompliance caused by operational error, improperly designed pretreatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation does not constitute an upset.
The establishment of an affirmative defense under the provisions of this section does not relieve the user of liability for damages or extraordinary costs incurred by the POTW because of the discharge.