Legal Documents of Mosheim

Code of Mosheim

Table of Contents » Title 18 Water and Sewers » Chapter 2 General Wastewater Regulations » § 18-215 By-pass.
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18
Title 18
18-1
Title 18, Chapter 1
18-101
§ 18-101
Mosheim
Title 18 : Water and Sewers
Chapter 2 : General Wastewater Regulations

18-215 : By-pass.

  1. Definitions.
    1. By-pass means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
    2. Severe property damage means 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 by-pass. Severe property damage does not mean economic loss caused by delays in production.
  2. By-pass not violating applicable pretreatment standards or requirements. An industrial user may allow any by-pass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These by-passes are not subject to the provisions of subsections (3) and (4) below.
  3. Notice.
    1. If an industrial user knows in advance of the need for a by-pass, it shall submit prior notice to the Town of Mosheim; if possible at least ten (10) days before the date of the by-pass.
    2. An industrial user shall submit oral notice of an unanticipated by-pass that exceeds applicable pretreatment standards to the town within twenty-four (24) hours from the time the industrial user becomes aware of the by-pass. A written submission shall also be provided within five (5) days of the time the industrial user becomes aware of the by-pass. The written submission shall contain a description of the by-pass and its cause; the duration of the by-pass, including exact dates and times, and, if the by-pass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the by-pass. The town may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
  4. Prohibition of by-pass.
    1. By-pass is prohibited, and the town may take enforcement action against an industrial user for a by-pass, unless:
      1. By-pass was unavoidable to prevent loss of life, personal injury, or severe property damage;
      2. There were no feasible alternatives to the by-pass, 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 by-pass which occurred during normal periods of equipment downtime or preventative maintenance; and
      3. The industrial user submitted notices as required under subsection (3) above.
    2. The town may approve an anticipated by-pass, after considering its adverse effects, if the town determines that it will meet the three (3) conditions listed in subsection (4)(a) above. (Ord. #221, April 2010)