13.40.340 Operating upsets.
A. Any industrial user which experiences an upset in operations which places the user in a temporary state of noncompliance with this chapter shall inform the city thereof within twenty-four 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 user with the city within five days. The report shall specify:
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.
B. A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the city against the user for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset. (Ord. 1945 § 5.8, 1984)