CHAPTER 13.50
MONITORING AND ENFORCEMENT OF REGULATIONS – PENALTIES Revised 9/17

Sections

I. General Provisions

13.50.010    Purpose of this chapter.

13.50.020    Definitions.

II. Compliance Monitoring and Inspection

13.50.110    Monitoring equipment.

13.50.122    Right of entry – Inspection and sampling.

13.50.126    Search warrants.

13.50.130    Falsifying information.

III. Administrative Enforcement Remedies

13.50.210    Notification of violation.

13.50.220    Show cause hearing.

13.50.230    Consent orders.

13.50.240    Compliance orders.

13.50.250    Cease and desist orders.

13.50.260    Emergency suspensions.

13.50.270    Termination of discharge (nonemergency).

13.50.280    Civil penalties. Revised 9/17

13.50.290    Recovery of costs incurred by the City.

IV. Appeals

13.50.310    Administrative appeal.

13.50.320    Appeals to the Hearing Examiner.

13.50.330    Judicial review.

V. Judicial Enforcement Remedies

13.50.410    Judicial remedies.

13.50.420    Injunctive relief.

13.50.430    Criminal prosecution.

13.50.440    Remedies nonexclusive.

VI. Supplemental Enforcement Action

13.50.510    Performance bonds.

13.50.520    Liability insurance.

13.50.530    Public nuisances.

13.50.540    Informant rewards.

VII. Affirmative Defenses to Discharge Violations

13.50.610    Upset.

13.50.620    Prohibited discharge standards.

13.50.630    Bypass.

I. General Provisions

13.50.010 Purpose of this chapter.

This chapter provides uniform provisions for the enforcement of water and sewer regulations set out in this title. In the event of conflict between the provisions of this chapter and another provision in this title, the other provision of this title shall prevail. (Ord 12-297 §2 (Ex B))

13.50.020 Definitions.

Terms used in this chapter are defined in Chapter 13.15. (Ord 12-302 §8; Ord 12-297 §2 (Ex B))

II. Compliance Monitoring and Inspection

13.50.110 Monitoring equipment.

A. The City may require a discharger to install, properly operate and maintain, at the discharger’s own expense, monitoring equipment to allow inspection, sampling, and flow measurement of all discharges into the POTW, to assure compliance with the sewer regulations.

B. The monitoring equipment shall be situated on the discharger’s premises, except that if such a location would be impractical or cause undue hardship on the discharger, the City may allow such equipment to be installed within the public right-of-way, as approved by the Administrator. The monitoring equipment shall include an inspection/sampling manhole with an internal diameter of no less than forty-eight inches and a surface opening of no less than twenty-four inches. The manhole shall be as approved by the Administrator and as installed per City standards.

C. There shall be ample room in or near such monitoring equipment to allow accurate sampling and preparation of samples for analysis by the discharger and the City. The monitoring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the discharger.

D. All monitoring equipment shall be installed and maintained in accordance with all applicable standards and specifications. All devices used to measure flow and quality shall be calibrated to ensure their accuracy. (Ord 12-302 §4; Ord 12-297 §2 (Ex B))

13.50.122 Right of entry – Inspection and sampling.

The Administrator shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this chapter and any wastewater discharge permit or order issued hereunder. Users shall allow the Administrator ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A. Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Administrator will be permitted to enter without delay for the purposes of performing specific responsibilities.

B. The Administrator shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.

C. Users shall provide full access to the Administrator to use any monitoring facilities and utilities available or required in accordance with Sections 13.15.310 and 13.15.315(E) and (F) to confirm that the standards or treatment required for discharge to the sewer are being met.

D. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Administrator and shall not be replaced. The costs of clearing such access shall be borne by the user.

E. Any unreasonable delay in allowing the Administrator full access to the user’s premises and wastewater operations shall be a violation of this chapter. (Ord 12-302 §7 (Ex B))

13.50.126 Search warrants.

The Administrator may seek issuance of a search warrant from the Grant County Superior Court. Such warrants may be secured when:

A. The Administrator has been refused access or is unable to locate a representative who can authorize access to a building, structure, or property, or any part thereof, and has probable cause that a violation of this chapter is occurring on the premises;

B. The Administrator has been denied access to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this chapter or any permit or order issued hereunder; or

C. The Administrator has cause to believe there is imminent endangerment of the overall public health, safety and welfare of the community by an activity on the premises. (Ord 12-302 §7 (Ex B))

13.50.130 Falsifying information.

Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall be deemed to have committed a civil infraction, to be enforced according to the provisions of Section 13.50.280. (Ord 12-297 §2 (Ex B))

III. Administrative Enforcement Remedies

13.50.210 Notification of violation.

Whenever the Administrator finds that any discharger has violated or is violating any sewer regulation, or an order issued pursuant to this chapter, the Administrator may serve upon the discharger written notice of the violation. Within ten consecutive calendar days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Administrator. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the City to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. (Ord 12-302 §4; Ord 12-297 §2 (Ex B))

13.50.220 Show cause hearing.

The Administrator may order a discharger who has violated or continues to violate any sewer regulation, a wastewater discharge permit or order issued pursuant to this chapter, or any other pretreatment standard or requirement to appear before the Administrator and show cause why a proposed enforcement action should not be taken. Notice shall be served on the discharger specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the discharger show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten business days prior to the hearing. Such notice may be served on any authorized representative of the discharger. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the discharger. (Ord 12-302 §4; Ord 12-297 §2 (Ex B))

13.50.230 Consent orders.

A. The Administrator may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with a discharger to comply with the sewer regulations. Consent orders shall include specific action to be taken by the discharger to correct any noncompliance within a time period also specified by the consent order. Such schedules may not extend the compliance date beyond applicable Federal deadlines.

B. Failure to comply with any terms or requirements of a consent order by the discharger shall be an additional and independent basis for disconnecting a discharger from a POTW or for any other enforcement action authorized under this chapter and deemed appropriate by the Administrator. (Ord 12-302 §4; Ord 12-297 §2 (Ex B))

13.50.240 Compliance orders.

A. When the Administrator finds a discharger has violated or continues to violate this chapter or any order issued under authority of this chapter, the Administrator may issue a compliance order to the discharger directing that, following a specified time period, the discharger shall be disconnected from the POTW unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated and maintained. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the domestic wastewater. A compliance order may not extend the deadline for compliance established for a Federal pretreatment standard or requirement, nor does a compliance order release the discharger of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the discharger.

B. Failure to comply with any terms or requirements of a compliance order by the discharger shall be an additional and independent basis for disconnecting a discharger from a POTW or for any other enforcement action authorized under this chapter and deemed appropriate by the Administrator. (Ord 12-302 §4; Ord 12-297 §2 (Ex B))

13.50.250 Cease and desist orders.

When the Administrator finds that a discharger has violated or continues to violate this chapter or any order issued hereunder, the Administrator may issue an order to cease and desist all such violations and direct the discharger to: (1) comply forthwith; and (2) take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the domestic wastewater discharge. Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the discharger. (Ord 12-302 §4; Ord 12-297 §2 (Ex B))

13.50.260 Emergency suspensions.

A. The Administrator may immediately suspend a discharger’s discharge (after informal notice to the discharger) whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons.

B. The Administrator may also immediately suspend a discharger’s discharge (after informal notice and opportunity to respond) that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment.

C. Any discharger notified of a suspension of its discharge shall immediately terminate discharges to the POTW. In the event of a discharger’s failure to immediately comply voluntarily with the suspension order, the Administrator shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals.

D. The Administrator may allow the discharger to recommence its discharge when the discharger has demonstrated to the satisfaction of the City that the period of endangerment has passed. If the Administrator does not allow the discharger to recommence its discharge within fifteen days of the emergency suspension, the Administrator shall initiate termination proceedings pursuant to Section 13.50.270.

E. A discharger that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Administrator prior to the date of any show cause or termination hearing under Sections 13.50.220 and 13.50.270.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord 12-302 §4; Ord 12-297 §2 (Ex B))

13.50.270 Termination of discharge (nonemergency).

In addition to the provisions in Section 13.50.260, any discharger that violates the following conditions is subject to the termination of its connection to the POTW:

A. Violation of wastewater discharge permit conditions;

B. Failure to accurately report the wastewater constituents and characteristics of its discharge;

C. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

D. Refusal of reasonable access to the discharger’s premises for the purpose of inspection, monitoring or sampling; or

E. Violation of the pretreatment standards in Article III of Chapter 13.15.

Such discharger will be notified of the proposed termination of its discharge and be offered an opportunity for hearing pursuant to Section 13.50.310 to dispute the proposed termination action. Initiation of a termination proceeding by the City shall not be a bar to, or a prerequisite for, taking any other action against the discharger. (Ord 12-297 §2 (Ex B))

13.50.280 Civil penalties. Revised 9/17

A. Any discharger who has violated or continues to violate an order of the City, or who fails to comply with any sewer regulation or any rule or order of the City, issued pursuant to this chapter, shall be deemed to have committed a civil infraction and shall be subject to a C-1 penalty as provided in Chapter 1.01, in an amount not to exceed ten thousand dollars per day, plus actual damages incurred by the City. Each day upon which a violation occurs or continues shall constitute a separate violation.

B. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the discharger’s violation, corrective actions by the discharger, the compliance history of the discharger, and any other factor as justice requires.

C. Under RCW 35.67.190, the penalty for a person not connected to, and discharging wastewater into, the City’s POTW will be the amount equal to the charge that would be made for sewer service if the property was connected to the City’s POTW.

D. In addition to the above described penalty and damages, the City may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.

E. Unpaid civil penalties shall constitute a lien against the individual discharger’s property to be enforced according to the provisions of Chapter 3.05.

F. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a discharger. (Ord 17-492 §3 (Ex B); Ord 12-297 §2 (Ex B))

13.50.290 Recovery of costs incurred by the City.

Any discharger violating any of the provisions of this chapter who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City’s domestic wastewater works, shall be liable to the City for any reasonable expense, loss, fines or damage caused by such violation or discharge. The City shall bill the discharger for the cost incurred by the City for any cleaning, repair, replacement work or other damages caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter. (Ord 12-297 §2 (Ex B))

IV. Appeals

13.50.310 Administrative appeal.

A. A discharger may appeal the Administrator’s decision: (1) to suspend the discharger’s domestic wastewater services; (2) to terminate the discharger’s domestic wastewater services; (3) to impose administrative fines against the discharger; (4) to bill the discharger for costs incurred by the City as a result of the discharger’s violation or discharge; or (5) that the discharger has violated a consent, compliance, or cease and desist order.

B. Any hearing pursuant to this section shall be requested by the discharger in writing within fifteen consecutive calendar days after the City mails to or personally serves upon the discharger notice of the City’s determination. The discharger’s written request for hearing shall be filed with the Finance Officer/Clerk during regular business hours. Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. The City shall conduct the hearing within twenty consecutive calendar days of the receipt of the request (or within five consecutive calendar days if the discharger is contesting suspension or termination of domestic wastewater services).

C. The administrative hearing shall be held before the City Administrator or the City Administrator’s designee. Formal rules of evidence shall not apply but the discharger and the City shall have the right to present witnesses and documentary evidence. The City Administrator or the City Administrator’s designee shall issue a written decision within ten consecutive calendar days of the conclusion of the hearing.

D. Any discharger requesting a hearing shall have the right to make an electronic or stenographic record of the proceedings. Such record shall be made at the discharger’s expense.

E. Except as otherwise provided, all decisions by the City Administrator or City Administrator’s designee shall be final and conclusive on all parties unless appealed to the Hearing Examiner.

F. The City Council may adopt additional rules for the conduct of hearings pursuant to this section. (Ord 12-302 §4; Ord 12-297 §2 (Ex B))

13.50.320 Appeals to the Hearing Examiner.

Appeals of decisions made by the City Administrator shall be to the Hearing Examiner, as follows:

A. Notice of Appeal. A notice of appeal shall be filed with the Finance Officer/Clerk within ten (10) calendar days after the date the City Administrator’s decision has been transmitted to the appealing party, which includes the following:

1. A copy of the decision being appealed;

2. The name and address of the appealing party;

3. The nature of the interest of the appealing party in the decision being appealed;

4. The specific reasons why the appellant believes the decision to be wrong, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall bear the burden of proving the decision was wrong;

5. A specific description of the proposed outcome of the appeal;

6. The filing fee.

B. Process. Upon receipt of a notice of appeal, the City shall schedule with the Hearing Examiner a closed record appeal hearing.

C. Hearing. The closed record appeal shall be conducted in accordance with the Hearing Examiner’s rules of procedure and shall serve to provide argument and guidance for the Hearing Examiner’s decision. Closed record appeals shall be conducted generally as provided for public hearings, except that no new evidence or testimony shall be given or received except if it relates to the validity of the underlying decision at the time the decision was made and is needed to decide disputed issues regarding (i) the proper constitution of or disqualification grounds pertaining to the decision maker, or (ii) the use of unlawful procedure. The parties to the appeal may submit timely written statements or arguments.

D. Decision.

1. A decision following a closed record appeal hearing shall include one of the following actions:

a. Grant the appeal in whole or in part.

b. Deny the appeal in whole or in part.

c. Remand for further proceedings and/or evidentiary hearing.

2. In the event the Hearing Examiner determines that the record on appeal is insufficient or otherwise flawed, it may remand the matter back to the City Administrator to correct the deficiencies. The items or issues to be considered and the time frame for completing the additional work shall be specified.

E. Burden of Proof. The appellant shall have the burden of proof in all appeals. (Ord 12-297 §2 (Ex B))

13.50.330 Judicial review.

The decision of the Hearing Examiner shall be final and conclusive unless, within twenty consecutive calendar days from the date of final action, a petition for review is filed with the Grant County Superior Court in the manner prescribed by law. (Ord 12-297 §2 (Ex B))

V. Judicial Enforcement Remedies

13.50.410 Judicial remedies.

If any person discharges domestic wastewater, domestic industrial wastes or other wastes into the City’s domestic wastewater works contrary to the sewer regulations or any order issued pursuant to this chapter, the City may commence an action for appropriate legal and/or equitable relief in the Superior Court for Grant County or other court of competent jurisdiction. Such judicial action may be in lieu of, or in addition to, any other administrative enforcement action authorized by this chapter. (Ord 12-297 §2 (Ex B))

13.50.420 Injunctive relief.

Whenever a discharger has violated or continues to violate any sewer regulation, or order issued pursuant to this chapter, the City may petition the Grant County Superior Court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the discharger. The Administrator shall have such remedies to collect these fees as it has to collect other service charges. Such other action as appropriate for legal and/or equitable relief may also be sought by the City. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a discharger. (Ord 12-302 §4; Ord 12-297 §2 (Ex B))

13.50.430 Criminal prosecution.

A. A discharger who violates any sewer regulation, a wastewater discharge permit or order issued under this chapter, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a gross misdemeanor, punishable by a fine of not more than five thousand dollars and/or one year in jail. Each day a violation occurs shall constitute a separate offense.

B. A discharger who introduces any substance into the City’s wastewater treatment system or facilities which causes personal injury or property damage shall, upon conviction, be guilty of a gross misdemeanor and be subject to a penalty of not more than five thousand dollars and/or one year in jail. Each day a violation occurs shall constitute a separate offense. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

C. A discharger who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be guilty of a gross misdemeanor and punished by a fine of not more than five thousand dollars and/or one year in jail. Each day a violation occurs shall constitute a separate offense.

D. In addition, the discharger shall be subject to any other penalties authorized by Federal law, including without limitation the provisions of 18 USC Section 1001, relating to fraud and false statements, and the Clean Water Act. (Ord 12-297 §2 (Ex B))

13.50.440 Remedies nonexclusive.

The administrative and judicial enforcement provisions of this chapter are not exclusive remedies. The City reserves the right to take any, all, or any combination of these actions against a noncompliant discharger. (Ord 12-302 §5; Ord 12-297 §2 (Ex B). Formerly 13.50.500)

VI. Supplemental Enforcement Action

13.50.510 Performance bonds.

The Administrator may require a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Administrator as necessary to assure the user will achieve consistent compliance with this chapter. The Administrator may require this bond as an enforcement response or as a prerequisite to issue or reissue a wastewater discharge permit. Any user who has failed to comply with any provision of this chapter, a previous permit or order issued hereunder, or any other pretreatment standard or requirement may be subject to this requirement. This bond may also be required of any category of user which has led to public burdens in the past regardless of the compliance history of the particular user. The City may use this bond to pay any fees, costs, or penalties assessed to the user whenever the user’s account is in arrears for over thirty days. This includes the costs of cleanup of the site if the user goes out of business, sells the business to a person that does not first assume the bond, or goes bankrupt. Users may petition the Administrator to convert their performance bond to a requirement to provide liability insurance, or to forgo any such safeguard based on their performance. User may petition no more frequently than once in any twelve-month period. (Ord 12-302 §7 (Ex B))

13.50.520 Liability insurance.

The Administrator may require any user to provide insurance if they previously failed to comply with any provision of this chapter, a previous permit or order issued hereunder, or any other pretreatment standard or requirement. The Administrator may also require users in businesses which historically have left a public burden to clean up pollution to obtain this insurance, regardless of their compliance history. In such cases, users must provide proof that the insurance is sufficient to cover any liabilities incurred under this chapter, including the cost of damages to the POTW and the environment caused by the user. The Administrator may require users to provide the proof of such insurance either in response to noncompliance or prior to issuing or reissuing a wastewater discharge permit. (Ord 12-302 §7 (Ex B))

13.50.530 Public nuisances.

A violation of any provision of this chapter or a permit or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the Administrator. Any person(s) creating a public nuisance shall be subject to the provisions of the City of Quincy Municipal Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance. (Ord 12-302 §7 (Ex B))

13.50.540 Informant rewards.

The Administrator may pay up to one thousand dollars for information leading to the discovery of noncompliance by a user. In the event that the information provided results in a civil penalty or an administrative fine levied against the user, the Administrator may disperse up to twenty percent of the collected fine or penalty to the informant. (Ord 12-302 §7 (Ex B))

VII. Affirmative Defenses to Discharge Violations

13.50.610 Upset.

A. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

B. An upset shall constitute an affirmative defense to punitive actions in response to noncompliance with categorical pretreatment standards (Section 13.15.215), but not local limits (Section 13.15.220), when the requirements of subsection (C) of this section, are met.

C. A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and the user can identify the cause(s) of the upset.

2. The facility was at the time being operated in a prudent and workman-like manner and was in compliance with applicable operation and maintenance procedures.

3. Where the upset involved reduction, loss, or failure of its treatment facility (e.g., a power failure), the user controlled production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards until the facility was restored or an alternative method of treatment was provided.

4. The user submitted the following information to the Administrator within twenty-four hours of becoming aware of the upset. When initially provided orally, the user must have provided a written report within five days that includes:

a. A description of the indirect discharge and cause of noncompliance;

b. The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

c. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

D. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.

E. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards. (Ord 12-302 §7 (Ex B))

13.50.620 Prohibited discharge standards.

A user will have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in Section 13.15.210(A) and Sections 13.15.210(B)(3) through (7) in certain cases. The user must be able to prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

A. A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

B. No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of Interference, was in compliance with applicable sludge use or disposal requirements. (Ord 12-302 §7 (Ex B))

13.50.630 Bypass.

A. A user may allow a bypass to occur if it does not cause pretreatment standards or requirements to be violated and is for essential maintenance to assure efficient operation.

B. Any other bypass must meet the following requirements:

1. Users knowing in advance of the need for a bypass must submit prior notice to the Administrator, at least ten days before the bypass wherever possible; and

2. Users must advise the Administrator of any unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours of becoming aware of the bypass. Users must provide a written follow-up report within five days. The Administrator may waive the written report if the oral report was timely and complete. Unless waived, the written report must contain:

a. A description of the bypass (volume, pollutants, etc.);

b. What caused the bypass;

c. When, specifically, the bypass started and ended;

d. When the bypass is expected to stop (if ongoing); and

e. What steps the user has taken or plans to take to reduce, eliminate, and prevent the bypass from reoccurring.

C. Bypass.

1. Bypass is prohibited, and the Administrator may take an enforcement action against a user for a bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. For purposes of this section, "severe property damage" means substantial physical damage to property, damage to the domestic wastewater works or pretreatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production;

b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

c. The user submitted notices as required under subsection (B) of this section.

2. The Administrator may approve an anticipated bypass, after considering its adverse effects, if the Administrator determines that it will meet the three conditions listed in subsection (C)(1) of this section. (Ord 12-302 §7 (Ex B))