(a) Upsets.
(1) Any Discharger which experiences an upset in operations which places the Discharger in a temporary state of noncompliance with this chapter shall inform the Director within twenty-four (24) hours of first becoming aware of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the Discharger with the Director within five (5) days.
(2) The report shall include:
A. Description of the upset, the cause thereof and the upset’s impact on a Discharger’s compliance status;
B. Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur; and
C. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such upset or other conditions of noncompliance.
(3) A documented and verified bona-fide operating upset shall be an affirmative defense to an enforcement action brought by the City against a Discharger for noncompliance with Categorical Pretreatment Standards or local limits, provided that the cause of the upset was identified, the facility was being properly operated and the additional requirements of 40 CFR 403.16 are met.
(b) Bypasses.
(1) Pretreatment facilities are required to be operated at all times.
(2) Bypass of pretreatment facilities are prohibited unless the following conditions are met:
A. The bypass is necessary for essential maintenance to assure efficient operations; and
B. All applicable pretreatment standards will be met during the time of the bypass.
(c) Notification.
(1) If an Industrial User knows in advance of the need for a bypass, it must provide prior notice to the Director at least ten (10) days before the date of which the bypass is to occur.
(2) If the bypass is not anticipated, the Industrial User must notify the Director orally within twenty-four (24) hours of becoming aware of the bypass. This twenty-four (24) hour notice must be followed, within five (5) days, with a written report to the Director that contains an explanation of the bypass, its cause, duration (or, if it has not been corrected, how long it is expected to continue), and what has been done to rectify the situation and prevent future occurrences.
(d) Prohibition of Bypass.
(1) Bypass is prohibited and the City may take enforcement action against an Industrial User for a bypass, unless:
A. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
B. 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
C. The Industrial User submitted notices as required under this section.
(Ord. 12966/2020. Passed 10-14-20.)