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establish that an event that would otherwise be a violation ofa pretreatment ordinance, or permit <br />issued under the 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 /> <br />(j) An industrial user who wishes to establish the Act of God affirmative defense shall <br />demonstrate, through relevant evidence that: <br /> <br /> (1) An event that would otherwise be a violation of a pretreatment ordinance or a permit <br />issued under the ordinance occurred, and the sole cause of the event was an act of God, war, <br />strike, riot or other catastrophe; and <br /> <br /> (2) The industrial user has submitted the following information to the POTW and the city <br />within 24 hours of becoming aware of the event that would otherwise be a violation of a <br />pretmatment ordinance or permit issued under the ordinance (if this information is provided <br />orally, a written submission must be provided within five days): <br /> <br />(A) a description of the event, and the nature and cause of the event; <br /> <br />(B) the time period of the event, including exact dates and times or, if still continuing, the <br />anticipated time the event is expected to continue; and <br /> <br />(C) the steps being taken or planned to reduce, eliminate and prevent recurrence of the event. <br /> <br />(k) Burden ofproof In may enforcement proceeding, the industrial user seeldng to establish the <br />act of God affirmative defense shall have the burden of proving by a preponderance of the <br />evidence that an event that would otherwise be a violation ofa pmtreatment ordinance, or permit <br />issued under the ordinance, was caused solely by an act of God, war, strike or other catastrophe. <br /> <br />Sec. 86.127. Approval of ~vastewater discharge conditions for new and existing industrial <br />risers. <br /> <br />(a) General acceptance. Wastewater discharge conditions for new and existing industrial users <br />are as follows: <br /> <br /> (1) If the discharge or proposed discharge into any sanitary sewer violates any subsection <br />of section 86.126, the control authority shall require: <br /> <br />(A) Pretreatmem to an acceptable condition for discharge to the sanitary sewer system; mad <br /> <br />(B) Control over the quantities mad rates of discharge. <br /> <br /> (2) The control authority may reject may waste that does not meet the requirements of <br />subsection (a)(1) of this section. <br /> <br />(3) The control authority may require any information from an industrial user necessary to <br /> <br />25 <br /> <br /> <br />