§ 1145.33. Treatment bypasses.

(A)

An emergency industrial user bypass of any treatment system is prohibited unless all of the following conditions are met:

(1)

The emergency bypass was unavoidable to prevent loss of life, personal injury or severe property damage;

(2)

There were no feasible alternative to the emergency bypass such as the use of auxiliary treatment facilities or retention of untreated wastes. 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 down-time for any reason;

(3)

Immediate notification shall be provided to the director if the facility has an emergency bypass. In no event shall the notification exceed twenty-four (24) hours from the time the user becomes aware of the bypass.

(4)

The industrial user shall follow-up by submitting a written report within five (5) days to the director containing a description of the emergency bypass and its cause(s); 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; steps taken or planned to reduce, eliminate, and prevent its reoccurrence.

For the purposes of this section, "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 be 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)

An industrial user may allow a planned bypass to occur which does not cause categorical pretreatment standards or any city discharge standards established in this chapter or any permit or order issued pursuant to this chapter to be violated, only upon approval of the director and:

(1)

The industrial user planning a bypass submits notice to the director at least ten (10) days in advance or, as soon as, the user is aware of the need for a bypass; and

(2)

The planned bypass is for essential maintenance to ensure efficient operation of the treatment system, and

(3)

Any adverse environmental impacts of the planned bypass do not outweigh the need for such bypass

(Ord. No. 1327-2012, § 1, 7-23-2012, eff. 10-1-2012)