If a person can establish that an event that would otherwise be a violation of this article within the control authority’s jurisdiction or an ordinance adopted or an order or a permit issued under such an ordinance was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of the ordinance or permit.
(1966 Code, sec. 32-134.1(a); 2001 Code, sec. 106-691; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
A user shall have an affirmative defense to an enforcement action brought against him for noncompliance with the general prohibitions in section 106-816 or the specific prohibitions in section 106-817 if the user can prove that he did not know or have reason to know that the discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(1) 
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
(2) 
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 National Pollutant Discharge Elimination System permit and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(1966 Code, sec. 32-134.1(b); 2001 Code, sec. 106-692; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Bypass.
The intentional diversion of wastestreams from any portion of a user’s treatment facility.
Severe property damage.
Substantial physical damage to property, damage to the treatment 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. The term “severe property damage” does not mean economic loss caused by delays in production.
(b) 
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to ensure efficient operation. These bypasses are not subject to subsections (c) and (d) of this section.
(c) 
Notice of bypass shall be given in accordance with the following:
(1) 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the control authority, at least ten days before the date of the bypass, if possible.
(2) 
A user shall submit oral notice to the control authority of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times; if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The control authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(d) 
Enforcement action curtailments shall be as follows:
(1) 
Bypass is prohibited, and the control authority 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;
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 preventative maintenance; and
c. 
The user submitted notices as required under subsection (c) of this section.
(2) 
The control authority may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the three conditions listed in subsection (d)(1) of this section.
(1966 Code, sec. 32-134.1(c); 2001 Code, sec. 106-693; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)