§ 30.135   TREATMENT UPSETS
   (A)   Any user which experiences an upset in operations that places it in a temporary state of noncompliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation, shall inform the Superintendent immediately upon becoming aware of the upset. Where such information is given orally, a written report shall be filed by the user within five (5) days. The report shall contain:
      (1)   A description of the upset, its cause(s) and impact on the discharger’s compliance status;
      (2)   The duration of noncompliance, including exact dates and times of noncompliance and, if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored;
      (3)   The user property notified the Superintendent pursuant to the provisions of § 30.135.
   (B)   Industrial users must provide immediate notice to the Superintendent upon discovery of an unanticipated bypass. If necessary, the Superintendent may require the user to submit a written report explaining the causes(s), nature and duration of the bypass, and the steps being taken to prevent its recurrence.
   (C)   A user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial users anticipating a bypass must submit notice to the Superintendent at least ten (10) days in advance. The Superintendent may only approve the anticipated bypass if the circumstances satisfy those set forth in this section.
(Ord. 5-1996, passed 2-12-96)