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ORDINANCE NO. 2.007-013 <br />of the bypass, including exact dates and times, and, if the bypass has not been <br />corrected, the anticipated time it is expected to continue; and steps taken or planned to <br />reduce, eliminate, and prevent reoccurrence of the bypass. The County Administrator <br />may waive the written report on a case-by-case basis if the oral report has been <br />received within twenty-four (24) hours. <br />(4) Bypass is prohibited, and the County Administrator may take an <br />enforcement action against a user for a bypass, unless <br />(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe <br />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 maintenance during <br />normal periods of equipment downtime. This condition is not satisfied if adequate <br />back-up equipment should have been installed in the exercise of reasonable <br />engineering judgment to prevent a bypass which occurred during normal periods of <br />equipment downtime or preventive maintenance; and <br />(c) The user submitted notices as required under paragraph (C) of section <br />201.90. <br />(5) The County Administrator may approve an anticipated bypass, after considering its <br />adverse effects; if the County Administrator determines that it will meet the three <br />conditions listed in paragraph (D)(1) of this section. <br />SECTION 33. CREATION OF NEW SECTION 201.91 OF THE CODE <br />Commencing on the Effective Date of this Ordinance, the following section is created to <br />read as follows: <br />Section 201.91. Pretreatment Charges and Fees. <br />The County may adopt reasonable fees for reimbursement of costs of setting up and <br />operating the County's Pretreatment Program which may include fees for wastewater <br />discharge permit applications including the cost of processing such applications; fees <br />for monitoring, inspection, and surveillance procedures including the cost of collection <br />and analyzing a user's discharge, and reviewing monitoring reports submitted by users; <br />fees for reviewing and responding to accidental discharge procedures and construction; <br />fees for filing appeals; and other fees as the County may deem necessary to carry out <br />the requirements contained herein. These fees relate solely to the matters covered by <br />this Ordinance and are separate from all other fees, fines, and penalties chargeable by <br />the County. <br />SECTION 34. RECODIFICATION OF SECTION 201.08(N) 1 AND 2 OF THE CODE <br />AS SECTION 201.92. <br />Me <br />