(A)   The industrial user shall, at all times, properly operate and maintain all facilities and systems of treatment and control and related appurtenances which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes, but is not limited to effective performance, adequate funding, adequate operator staffing and training and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary or similar system only when necessary to achieve compliance with the conditions of this permit.
   (B)   Upon reduction, loss or failure of the pretreatment facility, the industrial user shall, to the extent necessary to maintain compliance with its permit, control production or all discharges or both until the operation of the treatment facility is restored or an alternate method of treatment is provided. This requirement applies, for example, when the primary source of power of the treatment facility fails or is reduced. It shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
   (C)   Bypass of treatment facilities:
      (1)   An industrial user may allow a 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 reporting requirements of this section.
      (2)   If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the city, if possible at least ten days before the date of the bypass.
      (3)   An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the city within 24 hours from the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial 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, 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 city may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
      (4)   Bypass is prohibited unless:
         (a)   It was unavoidable to prevent loss of life, personal injury or severe property damage;
         (b)   There was no feasible alternative, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime; and (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.)
         (c)   The industrial user submitted the notices as required hereby.
      (5)   The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet the conditions listed in division (C)(4) above.
(Prior Code, § 17-419) (Ord. 1505, passed 7-6-93) Penalty, see § 10.99