(a) Bypass not violating applicable Pretreatment Standards or Requirements. An Industrial Discharger 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.
(b) Notice.
(1) If an Industrial Discharger knows in advance of the need for a bypass, it shall submit prior notice to the Control Authority, if possible at least ten days before the date of the bypass.
(2) An Industrial Discharger shall submit oral notice of an unanticipated bypass that exceeds applicable Pretreatment Standards to the Control Authority within 24 hours from the time the Industrial Discharger becomes aware of the bypass. A written submission shall also be provided within five days of the time the Industrial Discharger 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 Control Authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(c) Prohibition of Bypass.
(1) Bypass is prohibited, and the City and/or Control Authority may take enforcement action against an Industrial Discharger for a bypass, unless:
A. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 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
B. The Industrial Discharger submitted notices as required under paragraph (b) of this section.
(2) The Control Authority may approve an anticipated bypass, after considering its adverse effects, if the Control Authority determines that it will meet the conditions listed in paragraph (c)(1) of this Section.
(Ord. 12-38. Passed 11-19-12.)