(A) Bypass not violating applicable pretreatment standards or requirements. An industrial user 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. These bypasses are not subject to the provisions of divisions (B) and (C), below.
(B) Notice.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the environmental officer, if possible at least ten days before the date of the bypass.
(2) An industrial user shall submit oral notice of an unanticipated bypass to the environmental officer within 24 hours from the time the 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 environmental officer 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 environmental officer 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 wastes, or maintenance during normal periods of equipment down time. 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
(c) The industrial user submitted notices as required under division (B) of this section.
(2) The environmental officer may approve an anticipated bypass, after considering its adverse effects, if the environmental officer determines that it will meet the three conditions in division (C)(1) of this section.
(Ord. 160726-A, passed 7-26-2016)