13.16.280 Bypass.
A. For the purpose of this section:
1. “Bypass” means the intentional diversion of waste streams from any portion of an industrial user’s treatment facility.
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. An industrial user may allow any bypass to occur which does not cause applicable 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. Prohibition of Bypass.
1. Bypass is prohibited, and the City Manager may take enforcement action against an industrial user for bypass, unless:
a. The 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 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
c. The industrial user submitted notices as required under subsection D of this section.
2. The industrial user may approve an anticipated bypass, after considering its adverse effects, if the City Manager determines that it will meet the three conditions listed in subsection (C)(1) of this section.
D. Notification of Bypass.
1. Anticipated Bypass. If the industrial user knows in advance of the need for a bypass, it shall submit prior written notice, at least ten (10) days before the date of the bypass, to the City Manager.
2. Unanticipated Bypass. The industrial user shall immediately submit oral notice of unanticipated bypass that exceeds applicable pretreatment standards to the City Manager within twenty-four (24) hours from the time the user becomes aware of the bypass. A written submission shall also be provided to the City Manager within five days of the time the user becomes aware of the bypass. The written notice shall specify:
a. A description of the bypass and its cause; including its duration, exact dates and time;
b. Whether the bypass has been corrected; and
c. The anticipated time it is expected to continue; and steps being taken or planned to reduce, eliminate, and prevent a recurrence of the bypass. (Ord. 2-2023 § 1 (Att. A), 2023.)