(A) An industrial user may allow any 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 provisions of divisions (B) and (C) of this section.
(B) (1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notices to the POTW, if possible at least ten days before the date of bypass.
(2) An industrial user shall submit oral notice of unanticipated bypass that exceeds applicable Pretreatment Standards to the POTW within 24 hours from the time 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; 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 POTW may waive the written report on a case by case basis if the oral report has been received within 24 hours.
(3) Bypass is prohibited, and the POTW may take enforcement action against an industrial user for a bypass unless:
(a) The bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(b) 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 backup 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
(c) The industrial user submitted notices as requires by division (B)(1) of this section.
(C) The POTW may approve an anticipated bypass, after considering its adverse effects, if the Control Authority determines that it will meet the three conditions listed in this section.
(Ord. 312-3-92, passed 3-16-92; Am. Ord. 493-05-02, passed 5-20-02)