Spokane Municipal Code

Title 13 Public Utilities and Services

Chapter 13.03A Pretreatment

Article XII. Affirmative Defenses to Discharge Violations

Section 13.03A.1203 Bypass Affirmative Defenses [12.3]

1. For the purposes of this section:

1. 1. “Bypass” means the intentional diversion of wastewaters from any portion of a user’s treatment facility.

1. 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 bypass. Severe property damage does not mean economic loss caused by delays in production.

2. A user may allow any bypass to occur which does not cause applicable pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to subsection (C) and (D) of this section although the user must still promptly report the event to the Plant Manager unless excused by the Plant Manager, together with any information requested.

3. Notice of Bypass.

1. 1. If a user knows, or should know in the exercise of reasonable prudence and caution, in advance of the need for a bypass, it shall submit prior notice to the Plant Manager, at least ten days before the date of the bypass, wherever possible.

1. 2. A user shall submit oral notice to the Plant Manager of an unanticipated bypass that exceeds applicable pretreatment standards within twenty four hours from the time the user becomes aware or reasonably should have known of the bypass. The notice must include the information required for the written submission below. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. Unless waived by the Plant Manager on a case-by-case basis, after oral notice has been received within the time required, the written report must contain:

1. 1. 1. a description of the bypass (volume, pollutants, etc.);

1. 1. 2. what caused the bypass;

1. 1. 3. when, specifically, the bypass started and ended;

1. 1. 4. when the bypass is expected to stop (if ongoing);

1. 1. 5. what steps the user has taken or plans to take to reduce, eliminate, and prevent the bypass from reoccurring.

4. Bypass – Further Prohibitions – Approval.

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

1. 1. 1. bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

1. 1. 2. 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 back up 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

1. 1. 3. the user submitted notices as required under subsection (C) of this section.

1. 2. The Plant Manager may approve an anticipated bypass after considering its adverse effects and if the Plant Manager determines that it will meet the three conditions listed in subsection (D)(1) of this section.

NOTE: Bracketed enumerations reference the numbering in the EPA Region 10 Model Ordinance of March 27, 2012.

Date Passed: Monday, November 9, 2020

Effective Date: Wednesday, December 16, 2020

ORD C35961 Section 75