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August 19, 2013 (Regular Meeting) <br />Page 1713 <br />(a) A local limit exists for each pollutant discharged and the user was <br />in compliance with each limit directly prior to, and during, the <br />pass through or interference; or <br />(b) No Local limit exists, but the discharge did not change <br />substantially in nature or constituents from the user's prior <br />discharge when WSACC was regularly in compliance with its NPDES <br />permit, and in the case of interference, was in compliance with <br />applicable sludge use or disposal requirements. <br />11.3 Bypass <br />(a) A user may allow any bypass to occur which does not cause <br />pretreatment standards or requirements to be violated, but only if <br />it also is for essential maintenance to assure efficient operation. <br />These bypasses are not subject to the provision of paragraphs (b) <br />and (c) of this section. <br />®' <br />(c) <br />(1) If a user knows in advance of the need for a bypass, it shall <br />submit prior notice to the Executive Director at least ten <br />(10) days before the date of the bypass, if possible. <br />(2) A user shall submit oral notice to the Executive Director of <br />an unanticipated bypass that exceeds applicable pretreatment <br />standards within twenty -four (24) hours from the time it <br />becomes aware of the bypass. A written submission shall also <br />be provided within five (5) days of this time the user <br />becomes aware of the bypass. The written submission shall <br />contain a description of the bypass and its cause; the <br />duration of the bypass, including exact dates and times, and, <br />if the bypass has not been corrected, the anticipated time it <br />is expected to continue; and steps taken or planned to <br />reduce, eliminate, and prevent reoccurrence of the bypass. <br />The Executive Director may waive the written report on a <br />case -by -case basis if the oral report has been received <br />within twenty -four (24) hours. <br />(1) Bypass is prohibited, and the Executive Director may take an <br />enforcement action against a user for a bypass, unless <br />(i) Bypass was unavoidable to prevent loss of life, <br />personal injury, or severe property damage; <br />(ii) There were no feasible alternatives to the bypass, such <br />as the use of auxiliary treatment facilities, retention <br />of untreated wastes, or maintenance during normal <br />periods of equipment downtime. This condition is not <br />satisfied if adequate back -up equipment should have <br />been installed in the exercise of reasonable <br />engineering judgment to prevent a bypass which occurred <br />during normal periods of equipment downtime or <br />preventive maintenance; and <br />(iii) The user submitted notices as required under paragraph <br />(b) of this section. <br />(2) The Executive Director may approve an anticipated bypass, <br />after considering its adverse effects, if the Executive <br />Director determines that it will meet the three conditions <br />listed in paragraph (c)(1) of this section. <br />SECTION 12 - RECONNECTION OF UTILITY SERVICE AFTER TERMINATION <br />(a) Any person applying for water or sewer service after the termination of <br />water or sewer service pursuant to any provision of this ordinance shall <br />