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may, however, be acceptable as a means of controlling some of the prohibited discharge levels <br />which shall be subject to the specific approval of the supervisor. <br />Sec. 34-109. - Hazardous waste notification. <br />It shall be unlawful for an industrial user to fail to notify the Environmental Services Division, <br />federal and state hazardous waste authorities in writing of any discharge into the POTW of a <br />substance, which if otherwise disposed of, would be a hazardous waste under 40 CFR, part 261. <br />The notice herein required does not relieve the industrial user of its obligation to comply with any <br />RCRA, CERCLA, or SARA requirements relating to handling of such hazardous wastes. <br />Sec. 34-110. - Force majeure. <br />(a) If a person can establish that an event that would otherwise be a violation of any conditions <br />of this ordinance, or a permit issued under this ordinance, was caused solely by an act of God, <br />war, strike, riot or other catastrophe, the event is not a violation of the ordinance or permit. <br />(b) If force majeure is claimed as an affirmative defense to an action brought forth under this <br />ordinance, the user shall demonstrate, through relevant evidence that: <br />(1) An event that would otherwise be a violation of this ordinance, or permit issued under <br />this ordinance, has occurred and the sole cause was an act of God, war, strike, riot or other <br />catastrophe; and <br />(2) The user has submitted the following information to the city within twenty-four (24) <br />hours of becoming aware of the event (if this information is provided orally, a written <br />submission must be provided within five (5) days): <br />a. A description of the event and the nature and cause of the event; <br />b. The time period of the event, including exact dates and times or, if not corrected, the <br />anticipated time the event is expected to continue; <br />c. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the <br />event. <br />(c) The user seeking to establish an affirmative defense under this section shall have the burden <br />of proof in any enforcement proceeding of providing by a preponderance of evidence that an <br />event that would otherwise be a violation of this ordinance or permit issued under this <br />ordinance, was caused solely by an act of God, war, strike, riot or other catastrophe. <br />Sec. 34-111. - Accidental discharge. <br />(a) Each user shall provide protection from accidental discharge of prohibited materials or other <br />substances regulated by this article. The facilities to prevent accidental discharge of prohibited <br />materials shall be provided and maintained at the owner's or user's own cost and expense. <br />Detailed plans showing facilities and operating procedures to provide this protection shall be <br />Page 34 of 45 <br />