932.23 BYPASS.

   (a)   Definitions.

      (1)   "Bypass" means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.

      (2)   "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.

   (b)   Bypass Not Violating Applicable Pretreatment Standards or Requirements. 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 subsection (d) hereof.

   (c)   Notice.

      (1)   If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the District 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 District 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 recurrence of the bypass. The District may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.

   (d)   Prohibition of Bypass. Bypass is prohibited, and the District 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 District may approve an anticipated bypass, after considering its adverse effects, if the District determines that it will meet the two conditions listed in this subsection.

         (Ord. 92-206. Passed 4-29-92.)