921.12 BYPASS.

   (a)   A discharger 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.

   (b)   If the discharger knows in advance of the need for a bypass, it shall submit prior notice to the Authority, if possible at least ten days before the date of the bypass.

   (c)   A discharger shall submit oral notice of an unanticipated bypass that exceeds applicable Pretreatment Standards to the POTW immediately upon becoming aware of the bypass. A written submission shall also be provided within five days of the time the discharger 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.

   (d)   Bypass is prohibited, and the Authority may take enforcement action against an Industrial User for a bypass unless:

      (1)   Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

      (2)   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 exercises of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

      (3)   The Industrial User submitted notices as required by 40 CFR 403.17.

         (Ord. 91-110. Passed 10-1-91.)