Rules for bypassing wastewater treatment

A. For the purposes of this section: 1. "Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility. 2. "Severe property damage" means substantial physical damage to property, damage to a treatment facility that causes the facility to become inoperable, or substantial and permanent loss of natural resources that 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 is prohibited and the director may take an enforcement action against a user for a bypass, 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 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 that occurred during normal periods of equipment downtime or preventive maintenance; and 3. The user submitted notices as required under subsection E of this section. C. A user may allow any bypass to occur that does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections D and E of this section. D. A user shall submit verbal notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time the user becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and 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 cease; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The pretreatment program administrator may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours. E. If a user knows in advance of the need for a bypass, it shall submit prior notice to the director, at least ten days before the date of the bypass, if possible. F. The director may approve an anticipated bypass, after considering its adverse effects, if the director determines that it will meet the three conditions listed in subsection B1 of this section. (Ord. 2760 § 4 (part), 1999)