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Sec. 34-112. - Bypass prohibited. <br />(a) It shall be unlawful for any person to permit or suffer a bypass under circumstances other than <br />or expressly permitted in this section. <br />(b) A bypass may be excused if the bypass was unavoidable to prevent loss of life, personal injury <br />or severe property damage, and where there were no feasible alternatives to the bypass, such <br />as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance <br />during normal periods of equipment downtime. The "no feasible alternatives" criterion is not <br />satisfied if, in the exercise of reasonable engineering j udgment, the user should have installed <br />adequate back-up equipment as preventive maintenance or to prevent a bypass that occurred <br />during normal periods of equipment downtime. Users may bypass if they do not exceed <br />effluent limitations and if the bypass was for essential maintenance or to insure efficient <br />facility operations. <br />(e) Notice shall be required when a bypass by an industrial user results in the violation of <br />applicable pretreatment standards or requirements (including local limits established in <br />accordance with this article). If the industrial user knows in advance of the need for a bypass, <br />it must give prior notice to the city, if possible at least ten (10) days before the date on which <br />the bypass is to occur. If the bypass is not anticipated, the industrial user must notify the city <br />orally within twenty-four (24) hours of becoming aware of the bypass. This verbal twenty- <br />four (24) hour notice must be followed within five (5) days by a written description of the <br />bypass, its cause, its duration (or if it has not been corrected, how long it is expected to <br />continue), and what remedial action has been taken to rectify the problem. <br />Sec. 34-113. - Federal categorical <br />When promulgated, federal categorical pretreatment standards for a particular category, if <br />more stringent that the limitations imposed by this article for users in that category or subcategory, <br />shall immediately supersede the limitations imposed under this article. The supervisor shall notify <br />all affected users of the applicable reporting requirements under 40 CFF, Part 403.12. <br />