Chapter 7.20 SANITARY SEWER SYSTEM
Section 7.20.1060 Affirmative Defense - Bypass
(A) For the purposes of this section,
1. “Bypass” means the definition provided
in Section 9-8-4 of this Chapter.
2. “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 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) A user may allow any bypass to occur which does not cause pretreatment standards
or
requirements to be violated, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of paragraphs (C) and (D) of this
section.
(C) 1. If a user knows in advance of the need for a bypass,
it shall submit prior notice to the
Director of Public Works, at least ten (10) days before the date of the bypass, if possible.
2. A user shall submit oral notice to the Director of
Public Works of an unanticipated bypass
that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it
becomes aware of the bypass. A written submission shall also be provided within five (5) 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 continue;
and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The
Director of Public Works may waive the written report on a case-by-case basis if the oral report
has been received within twenty-four (24) hours.
(D) 1. Bypass is prohibited, and the Director of Public
Works may take an enforcement
action against a user for a bypass, unless
(a) Bypass was unavoidable to
prevent loss of life, personal injury, or severe property
damage;
(b) 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 preventive maintenance; and
(c) The user submitted notices
as required under paragraph (C) of this section.
2. The Director of Public Works may approve an anticipated
bypass, after considering its
adverse effects, if the Director of Public Works determines that it will meet the three conditions
listed in paragraph (D)(1) of this section. (Ord. 03-1925)