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1. Efficient Bypass Operation: An industrial user may allow any bypass to occur which does not violate pretreatment standards or requirements, or their permit, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to subsections A2 and A3 of this Section.
a. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, if possible, at least ten (10) days before the date of the bypass.
b. An industrial user shall orally notify the POTW of an unanticipated bypass that exceeds applicable pretreatment standards or requirements within twenty four (24) hours of becoming aware of the bypass. A written submission shall also be provided within five (5) days of becoming aware of the bypass and its cause; the duration of the bypass, including exact times and dates, 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 recurrence of the bypass.
3. Prohibition Of Bypass:
a. Bypass is prohibited and the POTW may take enforcement action against an industrial user for a bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There was no feasible alternative to bypass, such as use of auxiliary treatment facilities, retention of wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed to prevent bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(3) The industrial user submitted notices as required by subsection A2 of this Section.
b. The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three (3) conditions listed in subsection A3a of this Section.
B. Operating Upsets:
1. Any industrial user that experiences an upset in operations that places the user in a temporary state of noncompliance with categorical standards shall inform the POTW within twenty four (24) hours of becoming aware of the upset.
2. A written follow-up report of the upset shall be filed by the user with the POTW within five (5) days. The report shall specify:
a. Description of the upset, and cause(s) thereof and the upset's impact on the user's compliance status;
b. Duration of noncompliance, including exact dates and times of noncompliance, and if not corrected, the anticipated time the noncompliance is expected to continue; and
c. All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset.
3. The report must also demonstrate that the treatment facility was being operated in a prudent and workmanlike manner.
4. A documented and verified operating upset shall be a mitigating factor to be considered in any enforcement action brought against the user for violations attributable to the upset event. This subsection shall in no way limit the city/Town's ability to take an enforcement action against a violation. (Ord. 99-03, 11-16-1999)