(a) Definitions. As used in this section:
(1) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.
(2) "Severe property damage" means 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) Allowable Bypasses. 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 subsection (c) and (d) hereof.
(c) Notice.
(1) If the industrial user knows in advance of the need for a bypass, it shall submit prior notice to the City at least ten days before the date of the bypass.
(2) An industrial user shall submit oral notice of any unanticipated bypass that exceeds applicable pretreatment standards to the City within twenty-four 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 the exact date and time of its occurrence; 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 City may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours before the date of the bypass.
(d) Prohibited Bypasses.
(1) Bypass is prohibited, and the City 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; and
B. There was no feasible alternative to the 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 preventative maintenance.
(2) The City may approve an anticipated bypass, after considering its adverse effects, if the City determines that it will meet the two conditions listed in paragraphs (d)(1)A. and B. hereof.
(Ord. 88-91. Passed 10-7-1991.)