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d) Any discharge of a pollutant that has caused imminent <br />endangerment of human health, welfare or to the environment <br />or has resulted in the City's exercise of emergency authority <br />to halt or prevent such a discharge; <br /> <br />e) Failure to meet, Within 90 days after the schedule date, <br />a compliance schedule milestone contained in a wastewater <br />discharge permit' or enforcement order for starting <br />construction, completing construction, or attaining final <br />compliance; <br /> <br />f) Failure to provide, within 30 days after the due date, <br />required reports such as baseline monitoring reports, 90 <br />day compliance reports, periodic self-monitoring reports, and <br />reports on compliance with compliance schedules; <br /> <br />g) Failure to accurately report noncompliance; <br /> <br />h) Any other violation, or group of violations which the <br />Director determines adversely, affects the operation or <br />implementation of the City's pretreatment program. <br /> <br /> Section 15. That the existing Chapter 913 of the <br />codified Ordinances of the City of Lakewood be amended by enactment of <br />new Section 913.23 to read as follows. <br /> <br />913.23 BYPASS <br /> <br />1. Definitions: <br /> <br />a) <br /> <br />"Bypass" means the intentional diversion of waste streams <br />from any portion of an industrial user's treatment <br />facility. <br /> <br />b) <br /> <br />"Severe property damage" means substantial physical <br />damage to property, damage to the treatment facilities <br />which causes them to become inoperable, or substantial <br />and permanent loss of natural resources which can <br />reasonably be expected to occur in the absence of a <br />bypass. Severe property damage does not mean economic <br />loss caused by delays in production. <br /> <br />Bypass not Violating Applicable Pretreatment Standards or <br />Requirements. An industrial user may allow any bypass to <br />occur which does not cause Pretreatment Standards or <br />Requirements to be violated, but only if it also is for <br />essential maintenance to assure efficient operation. <br />These bypasses are not subject to the provisions of <br />paragraphs (c) and (d) of this section. <br /> <br />3. Notice <br /> <br />a) <br /> <br />If the industrial user knows in advance of the need <br />for a bypass, it shall submit prior notice to the <br />City at least ten (10) days before the date of the <br />bypass~ <br /> <br />b) An industrial user shall submit 0ral notice of <br /> unanticipated bypass that exceeds applicable <br /> pretreatment standards to the City within 24-hours <br /> from the time the industrial user becomes aware of <br /> the bypass. A written submission shall also be <br /> provided within five (5) days of the time the <br /> industrial user becomes aware of the bypass. The <br /> written submission shall contain a description of <br /> the bypass and its cause; the duration of the <br /> bypass, including exact dates and times, and if the <br /> bypass has not been corrected, the anticipated time <br /> it is expected to continue; and steps taken or <br /> planned to reduce, eliminate, and prevent <br /> reoccurrence of the bypass. The City may waive the <br /> written report on a case-by-case basis if the oral <br /> report has been received within 24-hours before the <br /> date of the bypass. <br /> <br /> <br />