10-5-26-3: BYPASS PROVISION:

   A.   Conditions: Users 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 following:

      1.   If a user knows in advance of the need for a bypass, it shall submit prior notice to the City, if possible at least ten (10) days before the date of the bypass.

      2.   A user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the City within twenty four (24) hours from the time the user 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 description shall contain:

         a.   Description of the bypass and its cause.

         b.   Duration of the bypass, including the exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue.

         c.   All steps taken or planned to reduce, eliminate and prevent recurrence of the bypass.

      3.   Bypass is prohibited, and the City may take 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 preventative maintenance; and

         c.   The user submitted notices as required under subsections A1 and A2 of this section.

   B.   Approval By City: The City may approve an anticipated bypass, after considering its adverse effects, if the City determines that it will meet the three (3) conditions listed in subsection A3 of this section. (1952 Code § 8-14-26.03)