(A) (1) Each industrial user shall provide protection from accidental discharge of prohibited materials or other wastewater regulated by this division.
(2) Facilities to prevent accidental discharge of prohibited materials or other wastewater regulated by this division shall be provided and maintained at the owner's cost and expense.
(B) A bypass of the user's treatment system is prohibited, and the control authority may take enforcement action against a user for a bypass, unless all of the following conditions are met:
(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 preventive maintenance; and
(3) The user properly notified the control authority or his designee, described in § 56.41(C).
(C) Advance notice of bypass. A user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Users anticipating a bypass shall submit notice to the control authority at least ten days in advance. The control authority may only approve the anticipated bypass if the circumstances satisfy those set forth in § 56.40(B).
(Ord. 16-04-001, passed 4-19-16)