(a)
A user who wishes to establish an affirmative defense for a discharge violation event shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1)
The event and resulting violation was caused solely by an act of God, war, strike, riot, or other catastrophe as defined by the Texas Water Code, section 7.251, as amended.
(2)
The user must submit the following information verbally to the director within twenty-four (24) hours and in writing within five (5) days of becoming aware of the event:
(A)
A description and cause of the noncompliant discharge;
(B)
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
(C)
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(3)
In an action brought in municipal or state court, if the user can establish that an event that would otherwise be a violation of a pretreatment ordinance or permit issued under this division was solely caused by a circumstance in subsection (a)(1) of this section, the event is not a violation of this division or permit.
(b)
In any enforcement proceeding, the user seeking to establish an affirmative defense shall have the burden of proof.
(c)
Users will have the opportunity for a judicial determination on any claim of the applicability of an affirmative defense only in an enforcement action brought for noncompliance with pretreatment standards.
(d)
Users shall control production and quality of all discharges to the extent necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is primary source of power of the treatment facility is reduced, lost, or fails.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)