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70 <br /> <br />essential maintenance to assure efficient operation. These bypa sses are not <br />subject to the provision of paragraphs (C) and (D) of this section. <br /> <br /> C. (1) If a user knows in advance of the need for a bypass, it shall submit prior <br />notice to the Director, at least ten (10) days before the date of the <br />bypass, if possible. <br /> <br /> (2) A user shall submit oral notice to the City of an unanticipated bypass that <br />exceeds applicable pretreatment standards within twenty-four (24) hours <br />from the time it becomes aware of the bypass. A written submission shall <br />also be provided within five (5) days of the time the user becomes aware <br />of the bypass. The written submission shall contain a description of the <br />bypass and its cause; the duration of the bypass, including exact dates <br />and times, and, if the bypass has not been corrected, the anticipat ed time <br />it is expected to continue; and steps taken or planned to reduce, <br />eliminate, and prevent reoccurrence of the bypass. The Director may <br />waive the written report on a case-by-case basis if the oral report has <br />been received within twenty-four (24) hours. <br /> <br /> D. (1) Bypass is prohibited, and the Director may take an enforcement action <br />against a user for a bypass, unless <br /> <br /> (a) Bypass was unavoidable to prevent loss of life, personal injury, or <br />severe property damage; <br /> <br /> (b) There were no feasible alternatives to the bypass, such as the use <br />of auxiliary treatment facilities, retention of untreated wastes, or <br />maintenance during normal periods of equipment downtime. This <br />condition is not satisfied if adequate back-up equipment should <br />have been installed in the exercise of reasonable engineering <br />judgment to prevent a bypass which occurred during normal <br />periods of equipment downtime or preventive maintenance; and <br /> <br /> (c) The user submitted notices as required under paragraph (C) of <br />this section. <br /> <br />(2) The Director may approve an anticipated bypass, after considering its <br />adverse effects, if the Director determines that it will meet the three <br />conditions listed in paragraph (D)(1) of this section. <br />