A nondomestic user may allow any bypass to occur that does not cause pretreatment standards or requirements to be violated, but only if the bypass is for essential maintenance to assure efficient operation. A bypass that meets the requirements of the preceding sentence of this section is not subject to the provisions in Sections 1044.086 through 1044.088. However, nothing in this section shall be construed to authorize a discharge that exceeds a discharge prohibition or limitation under this chapter or other applicable laws or regulations; nor to relieve a user for any expense, loss, damage, or liability that may be incurred as a result of the bypass, such as damage to the POTW, fish kills, or any other damage to person or property; nor to relieve the user of any fines, penalties or other liability that may be imposed by applicable laws or regulations as a result of the bypass.
(Ord. 2009-02. Passed 5-11-09.)