§ 5-6.605. Notification of Bypass.

(a)

Bypass, including discharge of off specification product, of industrial wastewater to the sewer is prohibited. The City may take enforcement action against the user, unless:

(1)

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

(2)

There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of treated wastes, 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 preventative maintenance; and

(3)

The permittee submitted notices as required by Section 5-6.604.

(b)

If a permittee knows in advance of the need for a bypass, it shall submit prior notice to the City, the permittee, if possible, shall notify the City at least ten (10) days before the date of the bypass.

(c)

The City may approve an anticipated bypass after considering its adverse effects, if the City determines that it will meet the conditions listed in this section.

(d)

A permittee shall submit oral notice of an unanticipated bypass, to the City, immediately after the user has knowledge of the bypass. A written report shall also be provided within five (5) working days of the time the permittee becomes aware of the bypass. The report shall contain a description of the bypass, 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. Failure to submit oral notice or written report may be grounds for permit revocation.

(e)

Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the City or any other damage or loss to person or property; nor shall such notification relieve the user of any fees or other liability which may be imposed by this chapter or other applicable law.

(Added by Ord. 3137-C.S., § 1, effective 6-17-99)

(Ord. 3649-C.S., § 5, effective 7-14-16)