(a) Bypassing.
(1) Definitions.
A. "Bypassing" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.
B. "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.
(2) Permitted bypass. An industrial user may allow bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it constitutes essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (a)(3) and (4) hereof.
(3) Notice.
A. If an industrial user knows in advance of the need for a bypass, he shall submit prior notice to the Public Works Division, if possible at least ten (10) days before the date of bypass.
B. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Public Works Division within twenty-four (24) hours of the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five (5) 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 times and dates; 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 recurrence of the bypass. The Public Works Division may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
(4) Prohibition of bypass.
A. Bypass is prohibited, and the Public Works Division may take enforcement action against an industrial user for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
2. There were no feasible alternatives to bypassing, such as the use of an auxiliary treatment facility, 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 preventive maintenance; and
3. The industrial user submitted notices as required under subsection (a)(3) hereof.
B. The Public Works Division may approve an anticipated bypass, after considering its adverse effects, if the Division determines that it will meet the three conditions set forth in subsection (a)(4)A. hereof.
(b) Accidental and Slug Discharges. Each discharger shall provide protection from slug discharges and accidental discharges of prohibited or regulated materials or substances established by this chapter. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Authority for review and shall be approved by the Authority before construction of the facility. Each existing discharger shall complete its plan, if required by the Authority, and submit the same to the Authority by the date specified by the Authority. Procedures detailed in the plan must include, but are not limited to, inspection and maintenance of storage areas, handling and transfers of materials, loading and unloading operations, control of plant site run-off, employee training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response. No new discharger who discharges to the POTW shall be permitted to introduce pollutants into the system until accidental discharge protection procedures have been approved by the Authority if required by the Authority. Accidental and slug discharge plan requirements will be reviewed at least once per control mechanism cycle by the Authority for existing dischargers. Review and approval of such plans and operating procedures by the Authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter.
(1) Dischargers shall notify the Authority immediately upon the occurrence of a slug load or accidental discharge of substances prohibited by this chapter. The notification shall include the location of the discharge, the date and time thereof, the type of waste, the concentration and volume, and corrective actions. Any discharger who discharges a slug load of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the Authority on account thereof under State or Federal law.
(2) Signs shall be permanently posted in conspicuous places on the discharger's premises advising employees who to call in the event of a slug load or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.
(3) A discharger is required to notify the Authority immediately of any changes at the discharger's facility that may affect the potential for a slug discharge including, but not limited to, significant changes to the discharger's operations or system which might alter the nature, quality, or volume of wastewater. The user may contact the Authority by telephone. Within five (5) days of notifying the Authority, the user must submit a written notice detailing the changes affecting the potential for an accidental slug discharge.
(Ord. 23-14. Passed 8-17-23.)