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69 <br /> <br />an upset shall have the burden of proof. <br /> <br />E. A User may appeal any enforcement action due to an upset as provided under <br />Section 9.9 of this ordinance. <br /> <br />F. Users shall control production of all discharges to the extent necessary to <br />maintain compliance with applicable pretreatment standards upon reduction, <br />loss, or failure of its treatment facility until the facility is restored or an <br />alternative method of treatment is provided. This requirement applies in the <br />situation where, among other things, the primary source of power of the <br />treatment facility is reduced, lost, or fails. <br /> <br />12.2 Prohibited Discharge Standards <br /> <br /> A user shall have an affirmative defense to an enforcement action brought against it for <br />noncompliance with the prohibitions in Section 2.1 A and B (3) through (7) if it can prove <br />that it did not know, or have reason to know, that its discharge, alone or in conjunction <br />with discharges from other sources, would cause pass through or interference and that <br />either: (a) a local limit exists for each pollutant discharged and the user was in <br />compliance with each limit directly prior to, and during, the pass through or <br />interference; or (b) no local limit exists, but the discharge did not change substantially in <br />nature or constituents from the user's prior discharge when the City was regularly in <br />compliance with its NPDES permit, and in the case of interference, was in compliance <br />with applicable sludge use or disposal requirements. <br /> <br />12.3 Bypass <br /> <br /> A. For the purposes of this section, <br /> <br /> (1) Bypass means the intentional diversion of wastestreams from any portion <br />of a user's treatment facility. <br /> <br /> (2) Severe property damage means substantial physical damage to property, <br />damage to the treatment facilities which causes them to become <br />inoperable, or substantial and permanent loss of natural resources which <br />can reasonably be expected to occur in the absence of a bypass. Severe <br />property damage does not mean economic loss caused by delays in <br />production. <br /> <br /> B. A user may allow any bypass to occur which does not cause applicable <br />pretreatment standards or requirements to be violated, but only if it also is for