§ 22-165. Bypass.

(a)

Bypass not violating applicable pretreatment standards or requirements. 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. These bypasses are not subject to the provision[s] of subsections (b) and (c) of this section.

(b)

Notice.

(1)

If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the city engineer's office, if possible at least ten (10) days before the date of the bypass.

(2)

An industrial user shall submit verbal notice of an unanticipated bypass that exceeds applicable pretreatment standards to the director of public works' office within twenty-four (24) hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five (5) 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 city reserves the right to waive the written reports on a case-by-case basis if the verbal report has been received within twenty-four (24) hours.

(c)

Prohibition of bypass.

(1)

Bypass is prohibited, and the city may take enforcement action against an industrial user for a bypass, unless;

a.

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 subsection (b) of this section.

(2)

The city may approve an anticipated bypass, after considering its adverse effects, if the city determines that it will meet three (3) conditions listed in subsection (c) of this section.

(Ord. No. 5-2011, Art. V, 1-18-2011)