1. For the purposes of this section:
a. Bypass means the intentional diversion of wastestreams from any portion of a user’s treatment facility.
b. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
2. A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subparagraphs (3) and (4) below.
3. Bypass Restrictions.
a. Bypass is prohibited, and the director may take enforcement action(s) against a user for bypass, unless:
i. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
ii. 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
iii. The user submitted notices as required under subparagraph (4) of this section.
b. The director may approve an anticipated bypass after considering its adverse effects, if the director determines that it will meet the three conditions listed in subparagraph (3)(a) above.
4. Notification.
a. If a user knows in advance of the need for a bypass, it shall submit prior notice to the director, at least ten (10) days before the date of the bypass, if possible.
b. A user shall submit oral notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards or requirements within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall be provided within five (5) days of the time the 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 recurrence of the bypass.
(Ord. 2481 §1 (part))