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ORDINANCE NO. 2012-007 <br />(b) No Local Limit wait exists, but the discharge did not change substantially in nature or <br />constituents from the user's prior discharge when the county was regularly in compliance with its NPDES <br />permit, and in the case of interference, was in compliance with applicable sludge use or disposal <br />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 a user's treatment <br />facility. <br />(b) Severe property damage means substantial physical damage to property, damage to the <br />treatment facilities which causes them to become inoperable, or substantial and permanent loss of <br />natural resources which can reasonably be expected to occur in the absence of a bypass. Severe <br />property damage does not mean economic loss caused by delays in production. <br />(2) A user may allow any bypass to occur which does not cause pretreatment standards or <br />requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. <br />These bypasses are not subject to the provision of 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 notice to the county <br />administrator at least ten (10) days before the date of the bypass, if possible. A user shall submit oral <br />notice to the county administrator of an unanticipated bypass that exceeds applicable pretreatment <br />standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written <br />submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. <br />The written submission shall contain a description of the bypass and its cause; the duration of the <br />bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time <br />it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of <br />the bypass. The county administrator may waive the written report on a case-by-case basis if the oral <br />report has been received within twenty-four (24) hours. <br />(4) Bypass is prohibited, and the county administrator may take an enforcement action against a <br />user for a bypass, unless <br />(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; <br />(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment <br />facilities, retention of untreated wastes, or maintenance during normal periods of equipment <br />downtime. This condition is not satisfied if adequate back-up equipment should have been installed in <br />Coding: Words/letters/numbers underlined are additions to text; words/letters/numbers in <br />s#Fike##FeagIl format are deletions to text. <br />43 <br />