A. 
The city of Colville may allow an affirmative defense to an enforcement action brought against a user for noncompliance with the general and specific prohibitions in CMC § 13.48.050(A) and (B)(3) through (B)(7). An affirmative defense requires the user to prove to the satisfaction of the water/sewer superintendent that:
1. 
The user 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;
2. 
The discharge did not change substantially in nature or constituents from the industrial user's prior discharge when the city of Colville was regularly in compliance with its NPDES permit; and
3. 
In the case of interference, the user was in compliance with applicable sludge use or disposal requirements.
B. 
This defense does not relieve the user from responsibility for enforcement to recover costs as provided under CMC § 13.48.450.
(Ord. 1404 NS § 11.1, 2008)
A. 
Users shall control production or all discharges to the extent necessary to maintain compliance with applicable pretreatment standards and requirements upon reduction, loss, or failure of its wastewater treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
B. 
A user who wishes to establish the affirmative defense of upset to an enforcement action brought for noncompliance with applicable pretreatment standards shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
1. 
An upset occurred; the user can identify the cause(s) of the upset; and it was not due to improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation;
2. 
The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
3. 
The user has submitted the following information to the POTW and the water/sewer superintendent within 24 hours of becoming aware of the upset. If this information is provided orally, the user must submit a written report within five days containing this same information:
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.
C. 
Users will only have the opportunity for a judicial determination on a claim of upset in an enforcement action brought for noncompliance with applicable pretreatment standards. In any such enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(Ord. 1404 NS § 11.2, 2008)
A. 
A user may allow a bypass to occur if it does not cause applicable pretreatment standards or requirements to be violated, and if it is for essential maintenance to ensure efficient wastewater treatment operations. These bypasses are not subject to the provision of subsections (B) and (C) of this section.
B. 
Requirements for bypasses subject to pretreatment standards or requirements:
1. 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the POTW, at least 10 days before the date of the bypass, if possible.
2. 
A user shall give verbal notification to the water/sewer superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours of becoming aware of the bypass, and submit a written report to the water/sewer superintendent within five days of becoming aware of the bypass.
3. 
The written report shall contain: a description of the bypass and its cause; the duration of the bypass, including exact dates and times; the anticipated time when any ongoing bypass is expected to be halted; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The water/sewer superintendent may waive the written report if the verbal notification has been received within 24 hours.
C. 
Exceptions. Bypass is prohibited, and the POTW may take an enforcement action against a user for a bypass, unless:
1. 
The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage (as defined herein);
2. 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated or inadequately treated wastewaters, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment could have been installed and the exercise of reasonable engineering judgment to prevent a bypass, which occurred during normal periods of equipment downtime or preventive maintenance; and
3. 
The user submitted notices as required in subsection (B) of this section.
D. 
The water/sewer superintendent may approve an anticipated bypass, after considering its adverse effects, if he/she determines that it will meet the three conditions listed in subsection (C) of this section.
(Ord. 1404 NS § 11.3, 2008)