(A) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of divisions (B) and (C).
(B) The following notification requirements shall apply specifically to a bypass:
(1) If a user knows in advance of the need for a bypass, it shall submit prior written notice to the POTW Director at least ten days before the date of the bypass, if possible.
(2) A user shall submit verbal notice to the POTW Director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time the user becomes aware of the bypass. A written submission shall also be provided within five days of the time when the user became aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The POTW Director may waive the written report on a case-by-case basis if the verbal report has been received within 24 hours.
(C) In addition to the exception prescribed by division (A), the following exceptions apply to the general prohibition on bypass:
(1) Bypass is prohibited, and the POTW Director may take an enforcement action against a user for a bypass unless:
(a) Bypass was unavoidable due to the need to prevent loss of life, personal injury, or severe property damage; and
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(c) The user submitted notices as required under division (B).
(2) The POTW Director may approve an anticipated bypass, after considering its adverse effects, if the POTW Director determines that it will meet the three conditions listed in division (C)(1) above.
(Ord. 5-03, passed 5-15-03; Am. Ord. 10 ORD 02-08, passed 2-7-08; Am. Ord. 31 ORD 12-12, passed 12-6-12)