§ 1054.23  TREATMENT SYSTEM BYPASSES.
   (A)   Notification of bypass.
      (1)   If a user knows in advance of the need for a bypass, it shall submit prior notice to the authority, if possible, at least ten days before the date of the bypass.
      (2)   A user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the authority within 24 hours after the time the user becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes 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; 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 recurrence of the bypass. The authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
   (B)   Prohibited bypasses. The authority may take enforcement action against an industrial user for a bypass, unless:
      (1)   The bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
      (2)   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
      (3)   The user submitted notices as required under division (A)(2) above.
(Prior Code, § 1054.23)  (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)