Bypass is prohibited, and the Authority may take enforcement action against an industrial user for a bypass, unless all of the following are true:
(a) The 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 back-up equipment should have been installed in the exercise of reasonable engineering judgment, to prevent bypass which occurred during normal periods of equipment downtime or preventive maintenance.
(c) The industrial user submitted notices as required by 40 CFR 403.17.
(Ord. 21-94. Passed 6-28-94.)