(a) Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. When there is a substantial danger to the public health or welfare or to the environment, or when there is substantial danger of interference to the POTW that would result from an accidental discharge, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility. Each existing discharger shall complete its plan and submit the same to the City by July 1, 1982. Construction of the approved facilities shall be completed by January 1, 1983. No discharger shall be permitted to introduce pollutants into the system after July 1, 1982, until accidental discharge protection procedures have been approved by the City. If facilities are not completed by January 1, 1983, the City may deny permission to discharge. Review and approval of such plans and operating procedures by the City shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter. Dischargers shall notify the City immediately upon the occurrence of any discharge that could cause problems to the POTW, including, but not limited to, any slugload or accidental discharge. The notification shall include the location of the discharge, the date and time thereof, the type of waste, the concentration and volume and corrective actions. Any discharger who discharges slugs or has an accidental discharge of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State or Federal Law. Signs shall be permanently posted in conspicuous places on the discharger's premises advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.
(b) Bypass.
(1) 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 of its treatment facilities. These bypasses are not subject to the provision of paragraphs (b)(2) and (3) of this section.
(2) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Superintendent if possible at least ten days before the date of the bypass. An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards or requirements to the Superintendent within twenty-four 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 reoccurrence of the bypass. The Superintendent may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
(3) A. Bypass is prohibited, and the Superintendent may take enforcement action against an industrial user for a bypass, unless:
1. Bypass was unavoidable to prevent loss of life, personal injury, substantial damage to property, damage to treatment facilities which causes them to be inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass;
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 paragraph (b)(2) of this section.
B. The Superintendent may approve an anticipated bypass, after considering its adverse effects, if the Superintendent determines that it will meet the three conditions listed in subsection (b)(3)A. hereof.
(Ord. 1991-230. Passed 1-21-92.)
(Ord. 1991-230. Passed 1-21-92.)