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(a) Definitions.
(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) Bypass Not Violating Applicable Pretreatment Standards or Requirements. An industrial user may allow any bypass to occur which does not cause an applicable pretreatment standard 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 subsection (d) hereof.
(c) Notice.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Director 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 pretreatment standards to the Director within twenty-four hours from the time the industrial user becomes aware of the bypass. .The 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 Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
(d) Prohibition of Bypass.
(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;
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 downtime. 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;
C. The user submitted notices as required under paragraph (c) of this section; and
(2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the two conditions listed in subsection (d)(1) hereof.
(Ord. 30-14. Passed 3-3-14.)
Each user must notify the Director of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least ten (10) days before the change.
(a) The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application.
(b) The Director may issue an individual wastewater discharge permit under Section 915.301(m) of these regulations or modify an existing wastewater discharge permit under Section 915.301(i) of these regulations in response to changed conditions or anticipated changed conditions. (Ord. 30-14. Passed 3-3-14.)
If sampling performed by a user indicates a violation, the user must notify the Director within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation. Resampling by the industrial user is not required if the City performs sampling at the user's facility at least once a month, or if the City performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the City receives the results of this sampling. If the City has performed the sampling and analysis in lieu of the industrial user, the City will notify the user of the violation and require the user to perform the repeat sampling and analysis.
(Ord. 30-14. Passed 3-3-14.)
ENFORCEMENT
(a) The City, by and through its Chairman of the Water Pollution Control Board, or other duly authorized representative, may, for good cause shown, shall immediately suspend the wastewater treatment service and the wastewater discharge permit of a industrial user, after informal notice, when it appears that actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interfere with the operation of the POTW, or violate any pretreatment limits imposed by these rules and regulations or any wastewater discharge permit issued pursuant to these rules and regulations.
(1) Any industrial user so notified of the suspension of the City's wastewater treatment service and/or the industrial user's wastewater discharge permit, shall, immediately or within a reasonable period of time as determined by the Chairman of the Board, cease all discharges. In the event the industrial user fails to comply voluntarily with the suspension notice within the time specified therein, the Chairman of the Board shall, without further notice to the industrial user and without the scheduling of a show cause hearing immediately commence judicial proceedings to compel the industrial user's compliance with such suspension notice and to exact civil penalties, if any, which may be due for or as a result of the industrial user's noncompliance. The Chairman of the Board may reinstate the wastewater discharge permit and/or the wastewater treatment service and terminate any judicial proceedings pending upon submission of written proof by the industrial user that it has eliminated the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Chairman prior to the date of any show cause or termination hearing under Sections 915.403 or 915.401 of these regulations.
Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this Section.
(b) Whenever the Director finds that any industrial user has engaged in conduct which justifies revocation of a wastewater discharge permit or termination of treatment services, pursuant to this section, the Director shall serve upon such industrial user, a written notice either personally or by certified mail, return receipt requested, stating the nature of the alleged violation. Within thirty days of the date of receipt of the notice, the industrial user shall respond personally or in writing to the Director and thereby advise the City of its position with respect to the allegations and submit a plan for satisfactory correction.
(Ord. 30-14. Passed 3-3-14.)
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