(a) Bypass notice. If a user knows in advance of the need for a bypass, it shall give notice to the City if possible, at least ten days before the date of the bypass, but in no case less than 24 hours.
(b) Notification of unanticipated bypass. A user shall give oral notice of an unanticipated bypass that exceeds applicable categorical pretreatment standards and other applicable discharge limits to the City within 24 hours from the time the user becomes aware of the bypass. A written submission shall also be provided to the City within five days of the time the user becomes aware of the bypass. The written submission shall contain:
(1) A description of the bypass and its cause;
(2) 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
(3) The steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.
(c) Waiver of report. The City may waive the written report if the oral report has been received within 24 hours.
(d) Prohibition of bypass. Bypass is prohibited, and the City may take enforcement action against a user for a bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and,
(2) There were no feasible alternatives to 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 backup 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 user gave notice required under subsection (a) of this section.
(e) POTW approved bypass. The City may approve an anticipated bypass, after considering its adverse effects, if the City determines that it will meet the three conditions listed in subsection (d) of this section.
(Ord. 3630, passed 12-13-2004)