1993-01-01 - Laserfiche WebLink

Home Browse Search

Page 38 12 .2 Liability Insurance The Batesville Utilities Commission may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this ordinance, any order, or a previous wastewater discharge permit issued hereunder, unless the user first provides financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. 12 . 3 Water Supply Severance Whenever a user has violated or continues to violate the provisions of this ordinance, orders, or wastewater discharge permits issued hereunder, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. 12 .4 Public Nuisances Any violation of this ordinance, wastewater discharge permits, or orders issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the Batesville Utilities Commission. Any person(s) creating a public nuisance shall be required to reimburse Batesville Utilities Commission for any costs incurred in removing, abating or remedying said nuisance. SECTION 13 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION 13 . 1 Upset A. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. B. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of paragraph C are met. C. An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: ( 1 ) An upset occurred and the industrial user can identify • the cause(s) of the upset; (2 ) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;