For the purposes of this section, BYPASS means the intentional diversion of wastestreams from any portion of a user's treatment facility.
(A) No user may allow bypass of any portion of a required pretreatment facility unless:
(1) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. SEVERE PROPERTY DAMAGE is defined as 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.
(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 exercise 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 under this section.
(B) The town may approve an anticipated bypass, after considering its adverse effects, if the town determines that it will meet the conditions listed in division (A) above. The town may, if it deems necessary, place as a condition of any bypass allowance the concurrence of DHEC and EPA officials.
(C) 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 subject to the provisions listed under divisions (D) and (E) of this section.
(D) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the town, if possible at least ten days before the date of the bypass.
(E) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the town within 24 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 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 recurrence of the bypass. The town may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(F) Failure to comply with provisions set forth in the section will be considered as a significant violation.
(Ord. 11-01, passed 1-3-11; Am. Ord. 19-04, passed 5-6-19; Am. Ord. 22-07, passed 5-2-22; Am. Ord. 23-06, passed 4-4-23)