(a) Bypass is prohibited, and the Director may take enforcement action against a discharger for a bypass, unless:
(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 preventative maintenance; and
(b) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determined that it shall meet the three conditions listed in subsection (a) hereof. (Ord. 4-2012. Passed 2-6-12.)