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ORDINANCE NO. 2007-013 <br />treatment is provided. This requirement applies in the situation where, among other <br />things, the primary source of power of the treatment facility is reduced, lost, or fails. <br />(B) Prohibited Discharge Standards <br />(1) A user shall have an affirmative defense to an enforcement action brought <br />against it for noncompliance with the general prohibitions in Section 2.1(A) of this <br />Ordinance or the specific prohibitions in Sections 2.1(8)(3) through 2.4 of this <br />Ordinance if it can prove that it did not know, or have reason to know, that its discharge, <br />alone or in conjunction with discharges from other sources, would cause pass through <br />or interference and that either: <br />(a) A local limit exists for each pollutant discharged and the user was in <br />compliance with each limit directly prior to, and during, the pass through or interference; <br />or <br />(b) No local limit exists, but the discharge did not change substantially in nature <br />or constituents from the user's prior discharge when the County was regularly in <br />compliance with its NPDES permit, and in the case of interference, was in compliance <br />with applicable sludge use or disposal requirements. <br />(C) Bypass: <br />(1) For the purposes of this section: <br />(a) Bypass means the intentional diversion of waste streams from any portion of <br />a user's treatment facility. <br />(b) Severe property damage means substantial physical damage to property, <br />damage to the treatment facilities which causes them to become inoperable, or <br />substantial and permanent loss of natural resources which can reasonably be expected <br />to occur in the absence of a bypass. Severe property damage does not mean <br />economic loss caused by delays in production. <br />(2) A user may allow any bypass to occur which does not cause pretreatment <br />standards or requirements to be violated, but only if it also is for essential maintenance <br />to assure efficient operation. These bypasses are not subject to the provision of <br />paragraphs (C) and (D) of section 201.90. <br />(3) If a user knows in advance of the need for a bypass, it shall submit prior <br />notice to the County Administrator at least ten (10) days before the date of the bypass, if <br />possible. A user shall submit oral notice to the County Administrator of an unanticipated <br />bypass that exceeds applicable pretreatment standards within twenty-four (24) hours <br />from the time it becomes aware of the bypass. A written submission shall also be <br />provided within five (5) days of the time the user becomes aware of the bypass. The <br />written submission shall contain a description of the bypass and its cause; the duration <br />39 <br />