(a) Permitted. An industrial user may allow any bypass to occur which does not violate pretreatment standards or requirements, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to subsection (b) and (c) hereof.
(b) Notice.
(1) 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 days before the date of the bypass.
(2) An industrial user shall orally notify the POTW of an unanticipated bypass that exceeds applicable pretreatment standards or requirements within twenty-four hours of becoming aware of the bypass. A written submission shall also be provided within five days of becoming aware of the bypass. The written submission shall contain a description 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 reccurrence of the bypass.
(c) Prohibited.
(1) A bypass is prohibited and the POTW may take enforcement action against an industrial user for a bypass, unless:
A. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
B. There were no feasible alternatives 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 back-up equipment should have been installed to prevent bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
C. The industrial user submitted notices as required by subsection (b) hereof.
(2) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in paragraph (c)(1) of this section.
(d) A person who violates any of the provisions of this section shall be subject to the penalty provided in Section 1040.99(a).
(Ord. 14-01. Passed 10-16-01; Ord. 01-2015. Passed 3-17-15.)