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3. All steps taken or planned to reduce, eliminate, <br />and prevent recurrence of such an upset. <br />B. An industrial user which complies with the notification provisions <br />of this Section in a timely manner shall have an affirmative defense to <br />any enforcement action brought by the Superintendent for any <br />noncompliance with this Ordinance, or an order or permit issued <br />hereunder by the user, which arises out of violations attributable to <br />and alleged to have occurred during the period of the documented and <br />verified upset. <br />(2) Treatment Bypasses <br />A. A bypass of the treatment system is prohibited unless all <br />of the following conditions are met: <br />1. The bypass was unavoidable to prevent loss of life, <br />personal injury, or severe property damage; <br />2. There was no feasible alterative to the bypass, <br />including the use of auxiliary treatment or retention <br />of the wastewater; and <br />3. The industrial user properly notified the <br />Superintendent as described in paragraph B.below. <br />B. Industrial users must provide immediate notice to the <br />Superintendent upon discovery of an unanticipated bypass. <br />If necessary, the Superintendent may require the <br />industrial user to submit a written report explaining <br />the cause(s),nature, and duration of the bypass, and <br />the steps being taken to prevent its recurrence. <br />C. An industrial user may allow a bypass to occur which does <br />not cause pretreatment standards or requirements to be <br />violated but only if it is for essential maintenance to <br />ensure efficient operation of the treatment system. <br />Industrial users anticipating a bypass must submit notice <br />to the Superintendent at least 10 days in advance. The <br />Superintendent may only approve the anticipated bypass if <br />the circumstances satisfy those set forth in paragraph <br />A. above." <br />SECTION 9: An Ordinance or part of Ordinances inconsistent <br />herewith are hereby repealed. <br />Section 10: This Ordinance shall take effect and be in force from <br />and after the earliest date allowed by law. <br />- 15 - <br />