(a) Definitions.
(1) "Bypass" means the intentional diversion of wastestreams from any portion of an industrial 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 bypass. Severe property damage does not mean economic loss caused by delays in production.
(b) Bypass Not Violating Applicable Pretreatment Standards or Requirements. An industrial user may allow any bypass 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 bypasses are not subject to the provisions of subsections (c) and (d) hereof.
(c) Notice.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, if possible, at least ten days before the date of the bypass.
(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within twenty-four hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial 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 reoccurrence of the bypass. The Superintendent may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
(d) Prohibition of Bypass.
(1) Bypass is prohibited, and the POTW, the Board, the Village and/or the Township may take enforcement action against an industrial user for a bypass, unless:
A. The 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 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
C. The industrial user submitted notices as required under subsection (c) hereof.
(2) The Superintendent may approve an anticipated bypass after considering its adverse effects if the Superintendent determines that it will meet the three conditions listed in paragraph (d)(1) hereof.
(Ord. 97-4. Passed 9-8-97.)