(a) An industrial user may allow any bypass to occur which does not cause an applicable pretreatment standard to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of division (c) hereof.
(b) An industrial user is required to provide notice of bypass as follows.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Authority at least ten days before the date of the bypass.
(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Authority 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 Authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(c) 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 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 division (b) hereof.
(d) The Authority may approve an anticipated bypass, after considering its adverse effects, if the Authority determines that it will meet the three conditions listed in division (c) hereof.
(Ord. 1991-239, passed 12-2-1991)