(A) Allowable bypasses.
(1) An industrial user may allow a bypass to occur if:
(a) The bypass does not cause a violation of this chapter or a condition of the industrial user's wastewater discharge permit;
(b) The bypass is for the sole purpose of allowing for essential maintenance of the facility to assure future efficient operation; and
(c) The industrial user provides notification to the Director as specified in division (C) of this section.
(2) These allowable bypasses are not subject to the provisions in division (B) of this section.
(B) Prohibited bypasses.
(1) In the event a prohibited bypass occurs, the Director may take enforcement action against an
industrial user for such bypass, unless the industrial user can establish to the satisfaction of the Director the following conditions:
(a) Such 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, in the opinion of the Director, adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent such a bypass from occurring during normal periods of equipment downtime or preventative maintenance; and
(c) The industrial user complied with the notification requirements as specified in division (C) of this section.
(2) The Director may approve an anticipated bypass, after considering its effects on the public, the POTW and the environment, if the Director determines that it will meet the 3 conditions listed in division (A)(1) of this section.
(C) Notification of bypasses. With any bypass, the industrial user shall comply with the following notification requirements.
(1) Anticipated industrial pretreatment bypasses. If an industrial user knows in advance of the need for an industrial pretreatment bypass, the Director shall receive written notification from the industrial user at least 48 hours before the date of such bypass describing the cause of the bypass, the bypass's impact on any effluent limits, and the anticipated date and duration of the bypass.
(2) Unanticipated industrial pretreatment bypasses. An industrial user shall notify the Director of any unanticipated industrial pretreatment bypass. The notification shall include the following:
(a) Oral notice to the Director within 15 minutes after the industrial user becomes aware of the bypass. The notification shall include all information known at that time, including, but not limited to location and duration of the discharge, type of waste, including concentration, pH, volume and corrective actions; and
(b) A written report within 5 calendar days of the time the industrial user becomes aware of such bypass. This report shall specify the following:
1. A description of the bypass, the cause thereof, and the bypass's impact on any effluent limits;
2. The volume and duration of the bypass, including exact dates and times;
3. If the cause of the bypass has not been corrected, the anticipated time the bypass is expected to continue; and
4. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
(Ord. 5746, passed 7-1-2019)