(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 part of the sewage works. Any person violating this provision shall be subject to immediate arrest under the charge of disorderly conduct.
(b) Accidental Discharge. Each user, at his expense, shall provide protection from accidental discharge of prohibited materials or other wastewaters subject to these regulations. Users shall notify the Superintendent immediately upon the occurrence of a slug load or accidental discharge of such prohibited materials or wastewaters. This notification shall be followed, within fifteen days of the date of occurrence, by a detailed written statement describing the cause of the discharge and the remedial measures in effect. Such notification shall not relieve the user of liability for any expense, loss or damage to the sewage works. The cost of treating the discharge shall be paid by the user.
(c) Operation Upsets and Bypasses. Any user who is unintentionally or temporarily in a state of noncompliance with these regulations, due to factors beyond his reasonable control, shall inform the Division as soon as possible after commencement of the operating upset, but not longer than twenty-four hours following the start of the upset. Where information is given orally, the user shall file a written follow-up report with the Division within five days. The report shall:
(1) Describe the incident, its cause and its impact on the user's compliance status;
(2) 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; and
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of the conditions of noncompliance.
(4) A user may bypass all or part of its discharge past pretreatment units providing the discharge meets its governing discharge requirements of local limits and is essential for maintenance of such units. All other bypasses are prohibited except where they are to prevent loss of life, personal injury or severe property damage. With the consent of the City, bypasses, for which there is no favorable alternative action, may be allowed. If a user knows in advance of the need of a bypass, it shall submit prior notice to the Superintendent if possible at least ten days before the date of the bypass. A user shall submit an oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the Superintendent within twenty-four hours from the time the user becomes aware of the bypass. A written report shall also be provided within five days of the time the user becomes aware of the bypass. The report shall contain a description of the bypass, its cause, duration, including exact dates and times and steps taken to reduce, eliminate and prevent bypass reoccurrence.
A documented and verified operating upset shall be an affirmative defense to any enforcement action brought by the Division against a user for noncompliance with these regulations.
(d) Signs shall be permanently posted in conspicuous places on the user's premises advising employees whom to call in the event of a slug load, accidental discharge or operating upset. Employers shall instruct all employees who may cause or discover such a discharge in emergency notification procedures.
(Ord. 2014-09. Passed 4-7-14.)