(A) Protection from damage. No unauthorized person shall maliciously, willfully or negligently damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the wastewater system.
(B) Accidental discharge. Each user, at his or her expense, shall provide protection from accidental discharge of prohibited materials. Users shall notify the superintendent immediately upon the occurrence of a slugload, or accidental discharge of prohibited materials. This notification shall be followed, within five days of the date of occurrence, by a detailed written statement describing the cause of the discharge and the remedial measures in effect. Notification shall not relieve the user of liability for any expense, loss or damage to the wastewater system. The cost of treating the discharge shall be paid by the user.
(C) Operating upsets.
(1) Any industrial user who finds his or her pretreatment processes temporarily in a state of noncompliance with these regulations, due to factors beyond his or her reasonable control, shall inform the department as soon as possible, but not later than 24 hours following the start of the operating upset. Where information is given orally, the user shall file a written follow-up report with the department within five days. The report shall:
(a) Describe the incident, its cause and its impact on the user's compliance status;
(b) Give the duration of noncompliance, including exact dates and times of noncompliance. If the noncompliance continues, the time by which compliance is reasonably expected to occur;
(c) All steps taken or to be taken to reduce, eliminate and prevent recurrence of the conditions of noncompliance.
(2) All industrial users shall promptly notify the city in advance of any substantial changes in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous waste for which the industrial user has submitted initial notification under 40 CFR 403.12 (p).
(3) Bypassing or diverting of wastewater from an industry is prohibited unless the following apply:
(a) Bypass is unavoidable to prevent lost of life, personal injury, or severe property damage.
(b) There were no feasible alternatives to the bypass.
(c) The permittee shall submit notification of bypass as follows:
1. If the permittee knows in advance of the need to bypass, it shall submit prior notice, if possible, at least ten days in advance of the bypass.
2. The permittee shall submit notice of any unanticipated bypass within one hour of the bypass, to the POTW.
(d) That bypass is for essential maintenance to assure efficient operation.
(4) The director may approve the discharge if it is determined that no adverse effects will harm the wastewater system.
(5) The permittee may allow any bypass to occur which does not cause the effluent limitations to be exceeded.
(‘97 Code, § 51.36) (Ord. 35-84, passed 8-20-84; Am. Ord. 5-90, passed 1-15-90; Am. Ord. 54-91, passed 11-18-91; Am. Ord. 9-93, passed 2-15-93; Am. Ord. 21-12, passed 10-16-12; Am. Ord. 10-22, passed 11-1-22) Penalty, see § 51.99