American Canyon Municipal Code Art. III Affirmative Defense

(A) Any industrial user which experiences an upset in operations that places it in a temporary state of noncompliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation, shall inform the city manager or his designee thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed by the user within five days. The report shall contain:

(1) A description of the upset, its cause(s), and impact on the discharger's compliance status;

(2) The duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored;

(3) All steps taken or planned to reduce, eliminate and prevent recurrence of such an upset.

(B) An industrial user which complies with the notification provisions of this section in a timely manner shall have an affirmative defense to any enforcement action brought by the city manager or his designee for any noncompliance with this chapter, or an order or permit issued hereunder by the user, which arises out of violations attributable to and alleged to have occurred during the period of the documented and verified upset.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.04.1, 1993

(A) A bypass of the treatment system is prohibited unless all of the following conditions are met:

(1) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2) There was no feasible alternative to the bypass, including the use of auxiliary treatment or retention of the wastewater; and

(3) The industrial user properly notified the city manager as described in subsection (B) of this section.

(B) Industrial users must provide immediate notices to the city manager or his designee upon discovery of any unanticipated bypass. If necessary, the city manager or his designee may require the industrial user to submit a written report explaining the cause(s), nature, and duration of the bypass, and the steps being taken to prevent its recurrence.

(C) An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial users anticipating a bypass must submit notice to the city manager or his designee at least ten days in advance. The city manager or his designee may only approve the anticipated bypass if the circumstances satisfy those set forth in subsection (A) of this section.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.04.2, 1993

Any person violating any of the provisions of the ordinances, rules or regulations of the city shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.05, 1993

All users are subject to all the provisions of the city enforcement response plan.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.06, 1993

The city declares that the foregoing procedures are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations and not as a penalty.

Ord. 98-07 § 2, 1998

Ord. 93-01 § 513.07, 1993