<div class="chunk-title">Sec. 26-228. - Bypass.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               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 subsections
               (b) and (c) of this section.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Bypass provisions.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               If a user knows in advance of the need for a bypass, it shall submit prior notice
               to the POTW director, at least ten days before the date of the bypass, if possible.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A user shall submit oral notice to the POTW director of an unanticipated bypass that
               exceeds applicable pretreatment standards within 24 hours from the time it becomes
               aware of the bypass. A written submission shall also be provided within five days
               of this 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 POTW director may waive the written report on a case-by-case
               basis if the oral report has been received within 24 hours.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Bypass is prohibited, and the POTW director may take an enforcement action against
               a user for a bypass, unless:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Bypass was unavoidable to prevent loss of life, personal injury or severe property
               damage;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               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
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The user submitted notices as required under subsection (b) of this section.
               </p>
            		
            <p class="historynote0">
               (Ord. of 9-26-94, Â§ 10.3; Ord. of 11-26-12, Â§ 44)
               </p>
            <p class="bc1">
               Appendix A
               
               <p class="refeditor0" block_type="hang"><b>Editor's noteâ€” </b>
                  Ord. of Apr. 14, 2008 Â§ 38, deleted Appendix A, in its entirety, which pertained to
                  user charges and derived from Ord. of Sept. 26, 1994; and Ord. of Aug. 25, 2003, Â§
                  5.
                  </p>
               
            <p class="bc1">
               Appendix B
               
               <p class="refeditor0" block_type="hang"><b>Editor's noteâ€” </b>
                  Ord. of Apr. 14, 2008 Â§ 39, deleted Appendix B, in its entirety, which pertained to
                  surcharge parameters and derived from Ord. of Sept. 26, 1994, app. B.
                  </p>
               </div>