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<br /> <br /> <br /> <br /> <br /> <br /> this article or any wastewater contribution permit <br /> issued pursuant to this article which arises out of <br /> violations alleged to have occurred during the <br /> period of the upset. <br /> Sec. 34-112. Bypass Prohibited. <br /> <br /> (a) it shall be unlawful for any person to <br /> permit or suffer a bypass under circumstances other <br /> than or expressly permitted in this section. <br /> (b) A bypass may be excused if the bypass was <br /> unavoidable to prevent loss of life, personal <br /> injury or severe property damage, and where there <br /> were no feasible alternatives to the bypass, such <br /> as the use of auxiliary treatment facilities, <br /> retentian of untreated wastes, or maintenance <br /> during normal periods of equipment downtime. The <br /> "no feasible alternatives" criterion is not satis- <br /> fied if, in the exercise of reasonable engineering <br /> judgment, the user shuuld have installed aciequate <br /> back-up equipment as preventive maintenance or to <br /> prevent a bypass that occurred during normal <br /> periods of equipment downtime. Users may bypass if <br /> they do not exceed effluent limitations and if the <br /> bypass was for essential maintenance or to insure <br /> efficient facility operations. <br /> (c) Notice shall be required when a bypass by <br /> an industriai user results in the violation of <br /> applicable gretreatment standards or requirements <br /> (including local limits established in accordance <br /> with this article). If the industrial user knows <br /> in advance of the need tor a bypass, it must give <br /> prior notice to the City, if possible at least ten <br /> days before the date ori which the bypass is to <br /> occur. If the bypass is not anticipated, the <br /> industrial user must notify the City orally within <br /> 24 hours of becoming aware of the bypass. This <br /> verbal 24-hour notice must be followed within five <br /> ciays by a written description of the bypass, its <br /> cause, its duration (or if it has not beer, <br /> corrected, how long it is expected to continue), <br /> and what remedial action has been taken to rectify <br /> the problem. <br /> Sec. 34-113. Federal Categorical Pretreatment <br /> Standards - Effect of Conflict with Article. <br /> When promulgated, federal categorical <br /> pretreatment standards tor a particular category, <br /> if more stringent than the limitations imposed by <br /> this article far users in that category or <br /> subcategory, shall immediately supersede the <br /> limitations imposed urider this article. The <br /> supervisor shall notify a11 affected users of the <br /> applicable reporting requirements under 40 CFR, <br /> Part 403.12. <br /> Sec. 34-114. Same - Madification. <br /> Where the City wastewater treatment system <br /> achieves consistent removal of pollutants limited <br /> by federal pretreatment standards, the City may <br /> apply to the administrator of the EPA for modifica- <br /> tion oi the specific: limit(s) in the federal <br /> pretreatment standards. "Consistent removal" shall <br /> be defined as reduction in the amount of a pollut- <br /> ant or alteration of the nature of the pollutant by <br /> the wastewater treatment system to a less toxic or <br /> a harmless state in the effluent as defined by the <br /> Code ot Federal Regulations (CF'R). <br /> -31- <br />