28 - Article III Chapter 34 Wastewater Discharge and Disposal Revisions

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ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. (d) Complete compliance with this section along with documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the administration against the user for any noncompliance with this article or any wastewater contribution permit issued pursuant to this article which arises out of violations alleged to have occurred during the period of the upset. Sec. 34-112. - Bypass prohibited. (a) It shall be unlawful for any person to permit or suffer a bypass under circumstances other than or expressly permitted in this section. (b) A bypass may be excused if the bypass was unavoidable to prevent loss of life, personal injury or severe property damage, and where 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. The "no feasible alternatives" criterion is not satisfied if, in the exercise of reasonable engineering judgment, the user should have installed adequate back-up equipment as preventive maintenance or to prevent a bypass that occurred during normal periods of equipment downtime. Users may bypass if they do not exceed effluent limitations and if the bypass was for essential maintenance or to insure efficient facility operations. (c) Notice shall be required when a bypass by an industrial user results in the violation of applicable pretreatment standards or requirements (including local limits established in accordance with this article). If the industrial user knows in advance of the need for a bypass, it must give prior notice to the city, if possible at least ten (10) days before the date on which the bypass is to occur. If the bypass is not anticipated, the industrial user must notify the city orally within twenty-four (24) hours of becoming aware of the bypass. This verbal twenty- four (24) hour notice must be followed within five (5) days by a written description of the bypass, its cause, its duration (or if it has not been corrected, how long it is expected to continue), and what remedial action has been taken to rectify the problem. Sec. 34-113. - Federal categorical pretreatment standards—Effect of conflict with article. When promulgated, federal categorical pretreatment standards for a particular category, if more stringent that the limitations imposed by this article for users in that category or subcategory, shall immediately supersede the limitations imposed under this article. The supervisor shall notify all affected users of the applicable reporting requirements under 40 CFR, Part 403.12. Page 36 of 45