[Ord. No. 1840, 12-15-2025]
A. 
For the purposes of these Regulations, an upset means an exceptional incident in which there is unintentional and temporary non-compliance with these Regulations because of factors beyond the reasonable control of the User. An upset does not include non-compliance 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 an action brought for non-compliance with these Regulations if the requirements of Article VIII, Section 710.760(C) are met.
C. 
Any 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 workmanlike manner and in compliance with applicable operation and maintenance procedures; and
3. 
The User has submitted information to the Control Authority as required in Article V, Section 710.590(A) and (C).
D. 
In any enforcement proceeding the User seeking to establish the occurrence of an upset shall have the burden of proof.
E. 
The User shall control production of all discharges to the extent necessary to maintain compliance with these Regulations upon reduction, loss, or failure of its 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, is lost or fails.
[Ord. No. 1840, 12-15-2025]
A. 
A User shall have an affirmative defense to an enforcement action brought against it for non-compliance with the general or specific prohibitions in Article II, Section 710.240 and Article II, Section 710.250 of these Regulations if the User can 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 Disruption and that either:
1. 
No Local Limit exists, but the Discharge did not change substantially in nature or constituents from the User's prior Discharge when the Control Authority was regularly in compliance with its NPDES permit, and in the case of Interference, was in compliance with applicable sludge use or disposal requirements; or
2. 
A Local Limit exists for each Pollutant discharged and the User was in compliance with each limit directly prior to, and during, the Disruption, where compliance with a Local Limit means:
a. 
Concentrations are below the reference concentrations established in these Regulations; or
b. 
The loading (instantaneous) is below five percent (5%) of the MAIL; or
c. 
The discharge from a User, that has been issued a Control Mechanism, is in compliance with Pollutant limit(s) therein.
[Ord. No. 1840, 12-15-2025]
A. 
Definitions.
BYPASS
The intentional diversion of wastestreams from any portion of an Industrial 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. Severe property damage does not mean economic loss caused by delays in production.
B. 
Prohibition Of Bypass.
1. 
Measures shall be in place to prevent unanticipated bypasses.
2. 
The Control Authority may take enforcement action against a User for a bypass.
3. 
Bypasses are not authorized if adequate back-up equipment should have been installed with reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance.
C. 
Exceptions To Prohibitions Of Bypass.
1. 
Bypasses which do not violate Pretreatment Standards or Requirements if it is necessary for essential maintenance to assure efficient operation; or
2. 
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage and 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.
D. 
Notification.
1. 
All bypasses (authorized, unauthorized, planned, or unanticipated) require notification by the User to the Control Authority.
2. 
If an Industrial User knows in advance of the need for a bypass, it shall submit prior notice to the Control Authority, if possible, at least ten (10) days before the date of the bypass.
a. 
Upon identification of an unanticipated bypass, the User shall immediately (i.e., without delay) submit informal notice to the Control Authority.
b. 
A five (5) day report is required with the following information:
(1) 
A description of the bypass and its cause; the duration of the bypass, including exact dates and times; and
(2) 
If the bypass has not been corrected, the anticipated time it is expected to continue; and
(3) 
Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
(4) 
The Control Authority may waive the written report on a case by-case basis.