§ 6-13.515. Bypass.

(a)

Bypass is prohibited. The Director may take 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 which occurred during normal periods of equipment downtime or preventative maintenance; and

(3)

The user obtains written approval from the Director prior to the bypass.

(b)

A user may allow a bypass to occur only if it does not cause violations of pretreatment standards, user permit, or the City's NPDES Permit and is for essential maintenance to assure efficient operation. The Director may approve a planned bypass after considering its potential adverse effects.

(§ 1, Ord. 1170, eff. April 21, 2011)