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D. In any enforcement proceeding, the user seeking to establish the occurrence of an <br /> upset shall have the burden of proof. <br /> E. A User may appeal any enforcement action due to an upset as provided under <br /> Section 9.9 of this ordinance. <br /> F. Users shall control production of all discharges to the extent necessary to <br /> maintain compliance with applicable pretreatment standards upon reduction, loss, <br /> or failure of its treatment facility until the facility is restored or an alternative <br /> method of treatment is provided. This requirement applies in the situation where, <br /> among other things, the primary source of power of the treatment facility is <br /> reduced, lost, or fails. <br /> 12.2 Prohibited Discharge Standards <br /> A user shall have an affirmative defense to an enforcement action brought against it for <br /> non-compliance with the prohibitions in Section 2.1 A and B (3) through (7) if it can <br /> prove that it did not know, or have reason to know, that its discharge, alone or in <br /> conjunction with discharges from other sources, would cause pass through or interference <br /> and that 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 interference; <br /> or (b) no local limit exists, but the discharge did not change substantially in nature or <br /> constituents from the user's prior discharge when the City was regularly in compliance <br /> with its NPDES permit, and in the case of interference, was in compliance with <br /> applicable sludge use or disposal requirements. <br /> 12.3 Bypass <br /> A. For the purposes of this section, <br /> (1) "Bypass" means the intentional diversion of wastestreams from any <br /> portion of a user's treatment facility. <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 /> 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 <br /> 60 <br />