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• in to issue or reissue an individual wastewater discharge <br />The Director may decline e g <br />permit to any User who has failed to pay any outstanding fees, fines or penalties <br />incurred as a result of any provision of this ordinance, a previous individual <br />wastewater discharge permit, or order issued hereunder. <br />B. Water Supply Severance <br />Whenever a User continues to violate any provision of this ordinance, an individual <br />wastewater discharge permit, or order issued hereunder, or any other Pretreatment <br />Standard or Requirement, water service to the User may be severed. Service will <br />recommence, at the User's expense, only after the User has satisfactorily <br />demonstrated its ability to comply. <br />Sec. 86.134. Affirmative Defenses to Discharge Violations <br />A. Act of God defense. The act of God defense constitutes a statutory <br />affirmative defense (TEXAS WATER CODE, SECTION 7.251) in an action brought in <br />Municipal or State court. If a person can establish that an event that would <br />otherwise be a violation of a pretreatment ordinance, or permit issued under the <br />ordinance, was caused solely by an act of God, war, strike, riot, or other <br />catastrophe, the event is not a violation of the ordinance or permit. <br />• B. An industrial user who wishes to establish the Act of God affirmative defense <br />shall demonstrate, through relevant evidence that: <br />(1) An event that would otherwise be a violation of a pretreatment ordinance or <br />a permit issued under the ordinance occurred, and the sole cause of the event was <br />an act of God, war, strike, riot, or other catastrophe; and <br />(2) The industrial user has submitted the following information to the POTW <br />and the City within 24 hours of becoming aware of the event that would otherwise <br />be a violation of a pretreatment ordinance or a permit issued under the ordinance <br />(if this information is provided orally, a written submission must be provided <br />within five days): <br />a. a description of the event, and the nature and cause of the event; <br />b. the time period of the event, and the nature and cause of the event; <br />c. steps being taken or planned to reduce, eliminate and prevent recurrence of the <br />event. <br />C. Burden of proof. In any enforcement proceeding, the industrial user seeking <br />to establish the Act of God affirmative defense shall have the burden of proof by a <br />• preponderance of the evidence that an event that would otherwise be a violation <br />41 <br />