12.16.520 Bypass.
(1) For the purposes of this section:
(a) “Bypass” means the intentional diversion of wastestreams from any portion of a user’s treatment facility.
(b) “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.
(2) A user may allow a bypass to occur if it does not cause pretreatment standards or requirements to be violated and is for essential maintenance to assure efficient operation.
(3) Any other bypass must meet the following requirements:
(a) Users knowing in advance of the need for a bypass must submit prior notice to the Public Works Superintendent, at least 10 days before the bypass wherever possible.
(b) Users must tell the Public Works Superintendent of any unanticipated bypass that exceeds applicable pretreatment standards within 24 hours of becoming aware of the bypass. Users must provide a written follow-up report within five days. The Public Works Superintendent may waive the written report if the oral report was timely and complete. Unless waived, the written report must contain:
(i) A description of the bypass (volume, pollutants, etc.).
(ii) What caused the bypass.
(iii) When, specifically, the bypass started and ended.
(iv) When the bypass is expected to stop (if ongoing).
(v) What steps the user has taken or plans to take to reduce, eliminate, and prevent the bypass from reoccurring.
(4) Bypass.
(a) Bypass is prohibited, and the Public Works Superintendent may take an enforcement action against a user for a bypass, unless:
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(ii) 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; and
(iii) The user submitted notices as required under subsection (3) of this section.
(b) The Public Works Superintendent may approve an anticipated bypass, after considering its adverse effects, if the Public Works Superintendent determines that it will meet the three conditions listed in subsection (4)(a) of this section. (Ord. 445-N, §1, 2014)