City of Trenton, MO Article XIII Affirmative Defenses

Section 715.720 Treatment Upsets.

[R.O. 2011 §715.720; Ord. No. 91-43 §13.1, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]

A. Any industrial user which experiences an upset in operations that places it in a temporary state of non-compliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operations, shall inform the Superintendent thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed by the user within five (5) days. The report shall contain:

1. A description of the upset, its cause(s), and impact on the discharger's compliance status.

2. The duration of non-compliance, including exact dates and times of non-compliance, and if the non-compliance is continuing, the time by which compliance is reasonably expected to be restored.

3. All steps taken or planned to reduce, eliminate, and prevent recurrence of such an upset.

B. An industrial user which complies with the notification provisions of this Section in a timely manner shall have an affirmative defense to any enforcement action brought by the Superintendent for any non-compliance with this Chapter, or an order or permit issued hereunder by the user, which arises out of violations attributable to and alleged to have occurred during the period of the documented and verified upset.

Section 715.730 Treatment Bypasses.

[R.O. 2011 §715.730; Ord. No. 91-43 §13.2, 12-11-1991; Ord. No. 2016-38 §1, 10-24-2016]

A. Definitions. As used in this Section, the following words shall have the meanings set out herein:

BYPASS

The intentional diversion of wastestreams from any portion of an industrial user's treatment facility.

SEVERE PROPERTY DAMAGE

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.

B. A bypass of the treatment system is prohibited unless all of the following conditions are met:

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

2. There was no feasible alternative to the bypass, including the use of auxiliary treatment or retention of the wastewater; and

3. The industrial user property notified the Superintendent as Subsection (D), below.

C. Industrial users must provide immediate notice to the Superintendent upon discovery of an unanticipated bypass. If necessary, the Superintendent may require the industrial user to submit a written report explaining the cause(s), nature, and duration of the bypass, and the steps being taken to prevent its recurrence.

D. An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial users anticipating a bypass must submit notice to the Superintendent at least ten (10) days in advance. The Superintendent may only approve the anticipated bypass if the circumstances satisfy those set forth in Subsection (B), above.