Except as provided by Section 1044.085, the bypass of industrial wastes from any portion of a user’s facility is prohibited, and shall be subject to enforcement action, unless all of the following apply:
(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated waste, 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 that occurred during normal periods of equipment downtime or preventative maintenance.)
(c) The user submitted the notices as required under Section 1044.087.
(Ord. 2009-02. Passed 5-11-09.)