1043.12 BYPASSES.
   (a)   Bypasses are hereby prohibited, except under the following conditions:
      (1)   A nondomestic user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is also for essential maintenance to assure efficient operation;
      (2)   If a nondomestic user knows in advance of the need for a bypass, he or she shall submit prior notice to the POTW at least ten days prior to the date of the bypass, if possible. The Superintendent may approve an anticipated bypass after considering its adverse effects if he or she determines that the provisions of subsection (c) hereof will apply.
   (b)   A nondomestic user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the POTW within twenty-four hours from the time it becomes aware of the bypass. A written explanation with details of the bypass shall be submitted within forty-eight hours of the bypass, and will include a description of the bypass; its cause; the duration of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and all steps taken or planned to reduce, eliminate and prevent recurrence of the bypass.
   (c)   A bypass is prohibited, and the Superintendent may take enforcement action against a nondomestic user for a bypass unless all of the following provisions apply:
      (1)    The bypass was unavoidable to prevent a loss of life, personal injury or severe property damage;
      (2)   There was no feasible alternative 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 that occurred during normal periods of equipment down time or preventative maintenance;
      (3)   The nondomestic user submitted notices as required under paragraph (a)(2) hereof.
(Ord. 656. Passed 9-15-97.)