§ 15-10-27. BYPASS.

(A)

Except as otherwise provided in this chapter, a person discharging wastewater containing prohibited waste to the POTW may not allow a bypass to occur.

(B)

A person discharging wastewater containing prohibited waste to the POTW may allow a bypass that:

(1)

complies with pretreatment standards; and

(2)

is for essential maintenance to assure efficient operation of the person's facility.

(C)

If a person knows in advance that a bypass is to occur, the person must submit written notice of the anticipated bypass to the director on the earlier of:

(1)

ten days before the date of the anticipated bypass; or

(2)

if less than ten days before the date of the anticipated bypass, upon obtaining knowledge that the bypass is to occur.

(D)

A person who knows in advance that a bypass will occur must obtain authorization from the director before release of the discharge.

(E)

A person who is aware that an unanticipated bypass exceeding pretreatment standards or requirements occurred shall notify the director:

(1)

by telephone or in person no later than 24 hours after the person becomes aware of an unanticipated bypass; and

(2)

in writing no later than the fifth day after the person becomes aware of an unanticipated bypass.

(F)

A written report of an anticipated or unanticipated bypass must include:

(1)

a description of the bypass;

(2)

the cause of the bypass;

(3)

the duration of the bypass, including exact dates and times; and

(4)

if the bypass has not been corrected:

(a)

the anticipated duration of the bypass; and

(b)

actions taken or planned to:

(i)

reduce or eliminate the ongoing bypass; and

(ii)

prevent reoccurrence of the bypass.

(G)

The director may waive the requirement of a written report for an unanticipated bypass if the person has made a verbal report in compliance with this section.

Source: 1992 Code Section 18-2-27; Ord. 031204-14; Ord. 031211-11.