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4) Prohibition of Bypass <br /> <br />a) <br /> <br />Bypass is prohibited, and the City may take <br />enforcement action against an industrial user.for a <br />bypass, unless; <br /> <br />1) <br /> <br />Bypass was unavoidable.to prevent loss of life, <br />personal injury, or severe property damage; <br /> <br />2) <br /> <br />There. was no feasible alternatives to the <br />bypass, such'as the use of auxiliarY treatment. <br />facilities, retention of untreated wastes, or <br />maintenance during normal periods of equipment <br />downtime. This condition is not satisfied if <br />adequate backup equipment should have been <br />installed in the exercise of reasonable <br />engineering judgement to prevent a bypass which <br />occurred during normal periods of equipment <br />downtime or preventative maintenance; and <br /> <br />b) <br /> <br />The City may approve an anticipated bypass, after <br />considering its adverse effects, if the City <br />determines that it will meet the two conditions <br />listed in paragraph (4) of this section. <br /> <br /> Section 16. That existing <br />OrdinanCes of the City of Lakewood <br />Section 913.24 to read as follows. <br /> <br /> Chapter 913 of the Codified <br />be amended by enactment of new <br /> <br />· 913.24 NET/GROSS CALCULATION <br /> <br /> Categorical Pretreatment Standards' may be adjusted to <br />reflect the presence of pollutants in the industrial user's <br />intake water in accordance with this section. <br /> <br />a) <br /> <br />Application. Any industrial user wishing to obtain <br />credit for intake POllutants must make application to the <br />city. Upon request of the industrial user, the <br />applicable standard'will be calculated on a "net" basis <br />(i.e., adjusted to reflect credit for pollutants in the <br />intake water) if the requirements of paragraphs (b) and <br />(c) of this section are met. <br /> <br />b) Criteria. <br /> <br />1) <br /> <br />The industrial user must demonstrate that the control <br />system it proposes or uses to meet applicable <br />categorical Pretreatment Standard would, if properly <br />installed and operated, meet the standards in the <br />absence of pollutants'in the intake waters. <br /> <br />2) <br /> <br />Credit for generic pollutants such as biochemical <br />oxygen demand (BOD), total suspended solids (TSS), <br />and oil and grease should not be granted unless the <br />industrial user demonstrates that the constituents of <br />the generic measure in the user's effluent are <br />substantially similar to the constituents of the <br />generic measure in the intake water or unless <br />appropriate additional limits are placed on process <br />water pollutants either at the outfall or elsewhere. <br /> <br />3) <br /> <br />Credit shall be granted only to the extent necessary <br />to meet the applicable categorical Pretreatment <br />Standard(s), up to a maximum value equal to the <br />influent value. Additional monitoring may be <br />necessary to determine eligibility for credits and <br />compliance with Standard(s) adjusted under this <br />section. <br /> <br />4) <br /> <br />Credit shall be granted only if the user demonstrates <br />that the intake water is drawn from the same body of <br /> <br /> <br />