(A) Bypass of untreated industrial wastewater to the sewer is prohibited. The City may take enforcement action against the user for bypass, unless:
(1) 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 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 preventative maintenance; and
(3) The permittee submitted notices as required under § 51.100.
(B) The control authority may approve an anticipated bypass, after considering its adverse affects, if the control authority determines that it will meet the conditions listed in sections (A)(1) through (A)(3) above.
(Prior Code, § 12-8-2) (Ord. 13-05, passed 3-25-2013) Penalty, see § 51.999