§ 52.202  BY-PASS.
   (A)   For the purposes of this section:
      (1)    BY-PASS means the intentional diversion of wastestreams from any portion of a user's treatment facility.
      (2)    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 by-pass.  Severe property damage does not mean economic loss caused by delays in production.
   (B)   A user may allow any by-pass 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 by-passes are not subject to the provision of divisions (C) and (D) of this section.
   (C)   (1)   If a user knows in advance of the need for a by-pass, it shall submit prior notice to the Superintendent, at least ten days before the date of the by-pass, if possible.
      (2)   A user shall submit oral notice to the Superintendent of an unanticipated by-pass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the by-pass. A written submission shall also be provided within five days of the time the user becomes aware of the by-pass.  The written submission shall contain a description of the by-pass and its cause; the duration of the by-pass, including exact dates and times, and, if the by-pass 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 by-pass.  The Superintendent may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
   (D)   (1)   By-pass is prohibited, and the Superintendent may take an enforcement action against a user for a by-pass, unless:
         (a)   By-pass was unavoidable to prevent loss of life, personal injury, or severe property damage;
         (b)   There were no feasible alternatives to the by-pass, 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 by-pass which occurred during normal periods of equipment downtime or preventive maintenance; and
         (c)   The user submitted notices as required under division (C) of this section.
      (2)   The Superintendent may approve an anticipated by-pass, after considering its adverse effects, if the Superintendent determines that it will meet the three conditions listed in subdivision (1) of this division.
(Ord. 93-5, passed 2-15-93)