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2008/05/07 Council Agenda Packet
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2008/05/07 Council Agenda Packet
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Council Agenda Packet
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5/7/2008
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A <br /> essential maintenance to assure efficient operation. These bypasses are not <br /> subject to the provision of paragraphs (C) and(D) of this section. <br /> C. (1) If a user knows in advance of the need for a bypass, it shall submit prior <br /> notice to the POTW, at least ten (10) days before the date of the bypass, if <br /> possible. <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 and <br /> times, and, if the bypass has not been corrected, the anticipated time it is <br /> expected to continue; and steps taken or planned to reduce, eliminate, and <br /> prevent reoccurrence of the bypass. The POTW may waive the written <br /> report on a case-by-case basis if the oral report has been received within <br /> twenty four(24)hours. <br /> D. (1) Bypass is prohibited, and the POTW may take an enforcement action <br /> against a user for a bypass, unless <br /> (a) Bypass was unavoidable to prevent loss of life, personal injury, or <br /> severe property damage; <br /> (b) There were no feasible alternatives to the bypass, such as the use of <br /> 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 /> (c) The user submitted notices as required under paragraph (C) of this <br /> section. <br /> (2) The POTW may approve an anticipated bypass, after considering its <br /> adverse effects, if the POTW determines that it will meet the three <br /> conditions listed in paragraph(D)(1) of this section. <br /> 159 <br /> 61 <br />
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