§ 122-55. Bypassing.

(a)

Definitions. For the purposes of this section:

(1)

Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.

(2)

Severe property damage means substantial physical damage to property, damage to treatment facilities which cause them to be inoperable, 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 that does not violate applicable pretreatment standards. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is also for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (c) and (d) of this section.

(c)

Notice.

(1)

If the permittee knows in advance of the need for a bypass, he shall submit prior notice to the county, if possible, at least ten days before the date of the bypass.

(2)

The permittee shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the county within 24 hours from the time that the permittee first becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user first becomes aware of the bypass. The written submission shall contain a description of the bypass and its causes; the duration of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The county may waive the written report requirement on a case-by-case basis if the oral report has been received within 24 hours.

(d)

Prohibition of bypass. Bypass is prohibited and the county may take enforcement action against the permittee for a bypass unless:

(1)

Bypass is unavoidable to prevent the loss of life, personnel injury or severe property damage;

(2)

There is no feasible alternative to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime or preventive maintenance; and

(3)

The permittee submitted notices as required under subsection (c) of this section.

(e)

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

(Ord. of 6-28-88, § 3-26-185)