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A. A user may allow a bypass to occur if it does not cause applicable pretreatment standards or requirements to be violated and if it is for essential maintenance to ensure efficient wastewater treatment operations. These bypasses are subject to the provision of subsections (B) and (C) of this section.

B. Requirements for bypasses subject to pretreatment standards or requirements:

1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least ten days before the date of the bypass, if possible.

2. A user shall give verbal notification to the director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours of becoming aware of the bypass, and submit a written report to the director within five days of becoming aware of the bypass.

3. The written report shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; the anticipated time when any ongoing bypass is expected to be halted; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report if the verbal notification has been received within twenty-four hours.

C. Exceptions. Bypass is prohibited, and the POTW may take an enforcement action against a user for a bypass, unless:

1. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage (as defined herein);

2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated or inadequately treated wastewaters, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup 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

3. The user submitted notices as required in subsection (B) of this section.

D. The director may approve an anticipated bypass, after considering its adverse effects, if he/she determines that it will meet the three conditions listed in subsection (C) of this section. (Ord. 016/2021 § 2; Ord. 011/2004)