(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BYPASS. The intentional diversion of waste streams from any portion of an industrial user’s treatment facility.
SEVERE PROPERTY DAMAGE. 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 pre-treatment standards or requirements. An industrial user may allow any bypass to occur which does not cause pre-treatment 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 provision of divisions (C) and (D) of this section.
(C) Notice.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the control authority (legal authority), 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 pre-treatment standards to the control authority (legal authority) within 24 hours from the time 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 control authority (legal authority) may waive the written report on a case by case basis if the oral report has been received within 24 hours.
(D) Prohibition of bypass.
(1) Bypass is prohibited and the control authority (legal authority) may take enforcement action against an industrial user for a bypass, unless:
(a) 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 waste, or maintenance during normal periods of equipment down time. 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 down time or preventive maintenance; and
(c) The industrial user submitted notices as required under division (C) of this section.
(2) Approval. The control authority (legal authority) may approve an anticipated bypass, after considering its adverse effects, if the control authority (legal authority) determines that it will meet the three conditions listed in division (D)(1) of this section.
(Ord. 610.1-07-08-13, passed 7-8-2013) Penalty, see § 55.999