(a) No user shall allow industrial wastewater to bypass pretreatment facilities, and the County may take enforcement action against a discharger for a bypass, unless:
(1) The bypass was unavoidable to prevent loss of life, personal injury or severe property damage as defined by 40 C.F.R. Section 403.17(2);
(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 preventive maintenance; or
(3) The user submitted prior notice of the bypass per subsection pursuant to subsection (b) and received approval from the Director.
(b) If a User knows in advance of the need to bypass, the user shall notify the Director in writing at least fourteen (14) calendar days prior to the proposed bypass. The Director may approve, after considering its adverse effects, a proposed bypass if the Director determines that the conditions of subsection (a) have been met.
(c) A user shall submit oral notice to the Director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) calendar days of the time the 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 Director may waive the written report on a case by case basis if the oral report has been received within twenty-four (24) hours.
(d) A user may allow a bypass that does not violate any provision of its permit if it is for maintenance essential to assure efficient operation of pretreatment facilities. Such a bypass is not subject to the provisions of subsections (b) and (c).
(Ord. 2008-375. Adopted 9-29-08.)