§ 13.20.272. Notification of bypass.

A.

Bypass of non-domestic wastewater to the sewerage system is prohibited. The City may take enforcement action against the user unless:

1.

Bypass was unavoidable because it was done 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, elective slow-down or shut-down of production units or maintenance during periods of production downtime. This condition is not satisfied if adequate backup equipment could have been feasibly 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 permittee submitted notices as required under subsection B of this section.

4.

Notwithstanding the foregoing, the user shall be liable to the City for any expenses or costs incurred by the City as a result of a bypass.

B.

If a permittee knows in advance of the need for a bypass, it shall submit a written request to allow the bypass to the Director, if possible, at least ten days before the date of the bypass.

C.

The Director may approve an anticipated bypass at his sole discretion after considering its adverse effects, and the Director determines that the conditions listed in subsection (A)(1) to (3) are met.

D.

A permittee shall provide telephone notification to the City of an unanticipated bypass that exceeds its permitted discharge limits within four hours from the time the permittee becomes aware of the bypass. A written report shall also be provided within five days of the time the permittee becomes aware or could reasonably have been aware of the bypass. The report 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 recurrence of the bypass. Failure to submit oral notice or written report may be grounds for permit revocation.

( Ord. No. 1094, 11-7-2017 )