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B. Existing contracts for the sale of goods or services to the City held <br />by an industrial user found to be in significant violation with <br />pretreatment standards may be terminated at the discretion of the <br />Municipality. <br />(d) Affirmative Defenses. <br />(1) Treatment upsets <br />A. Any industrial user which experiences an upset in operations that <br />places it in a temporary state of noncompliance, which is not the <br />result of operational error, improperly designed treatment facilities, <br />lack of preventive maintenance or careless or improper operation, <br />shall inform the Superintendent thereof immediately upon <br />becoming aware of the upset. Where such information is given <br />orally, a written report thereof shall be filed by the user within five <br />days. The report shall contain: <br />1. A description of the upset, its cause(s) and impact on the <br />discharger's compliance status. <br />2. The duration of noncompliance, including exact dates and <br />times of noncompliance and if the noncompliance is <br />continuing, the time by which compliance is reasonably <br />expected to be restored. <br />3. All steps taken or planned to reduce, eliminate and prevent <br />recurrence of such an upset. <br />B. An industrial user which complies with the notification provisions <br />of this section in a timely manner shall have an affirmative defense <br />to any enforcement action brought by the Superintendent for any <br />noncompliance with this chapter, or an order or permit issued <br />hereunder by the user, which arises out of violations attributable to <br />and alleged to have occurred during the period of the documented <br />and verified upset. <br />(2) Treatment bypasses <br />A. A bypass of the treatment system is prohibited unless all of the <br />following conditions are met: <br />1. The bypass was unavoidable to prevent loss of life, <br />personal injury or severe property damage; <br />2. There was no feasible alternative to the bypass, including <br />the use of auxiliary treatment or retention of the <br />wastewater; and <br />3. The industrial user properly notified the Superintendent as <br />described in subsection (d)(2)B. hereof. <br />B. Industrial users shall provide immediate notice to the <br />Superintendent upon discovery of an unanticipated bypass. If <br />necessary, the Superintendent may require the industrial user to <br />submit a written report explaining the cause(s), nature and duration <br />of the bypass, and the steps being taken to prevent its recurrence. <br />C. An industrial user may allow a bypass to occur which does not <br />cause pretreatment standards or requirements to be violated but <br />only if it is for essential maintenance to ensure efficient operation <br />of the treatment system. Industrial users anticipating a bypass <br />shall submit notice to the Superintendent at least ten days in <br />advance. The Superintendent may only approve the anticipated <br />bypass if the circumstances satisfy those set forth in subsection <br />(d)(2)A. hereof. <br />(Ord. 91-96. Passed 8-20-91.)