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Page 39 ( 3) The industrial user has submitted the following • information to the POTW and treatment plant operator within twenty four (24 ) hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five (5 ) days] : (i) A description of the indirect discharge and cause of noncompliance. (ii) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue. (iii) Steps being taken and planned to reduce, eliminate and prevent recurrence of the noncompliance. D. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof . E. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. • F. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. 13 . 2 General And Specific Prohibitions An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general and specific prohibitions in Section 2 . 1 of this ordinance if it can prove that it did not know or have reason to know that its discharge, along or in conjunction with discharges from other sources, would cause pass through or interference and that either: (a) a local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to, and during, the pass through or interference, or (b) no local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when Batesville Utilities commission was regularly in compliance with its NPDES permit, and in the ® case of interference, was in compliance with applicable sludge use or disposal requirements.