(A) The industrial user shall control production to the extent necessary to maintain compliance with these regulations. This requirement applies in the situation where the primary source of power to the treatment facility is reduced, lost or fails.
(B) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the village at least ten days before the date of the bypass.
(C) An industrial user shall submit oral notice of an unanticipated bypass that exceeds the requirements of these regulations to the village within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall 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 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 village may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(D) Bypass is prohibited and the village shall 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.
(E) If an industrial user requires the use of a bypass, the village shall charge the user for the use of the bypass based upon the peak daily average of the effluent reported to the village for that month or the peak daily average of the influent going to the pretreatment plant of the industrial user, whichever is higher, and the hours that the bypass was utilized.
(F) Maintenance and/or repairs to a bypass shall be the responsibility of the village; however all costs incurred for that maintenance or repair shall be borne by the industrial user who benefits from such a bypass.
(Ord. 04-11-3, § 600.08, passed 6-7-05) Penalty, see § 52.999