<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 8-2 Bypass prohibited.">
  <section prefix="§" num="8-2" heading="Bypass prohibited.">
    <para num="(a)" heading="“Severe property damage” defined.">
      <para num="(1)">“Severe property damage” means:<para num="(i)">substantial physical damage to property;</para>
        <para num="(ii)">damage to treatment facilities which causes them to become inoperable; or</para>
        <para num="(iii)">substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.</para>
      </para>
      <para num="(2)">“Severe property damage” does not include economic loss caused by delays in production.</para>
    </para>
    <para num="(b)" heading="Bypasses prohibited.">Bypasses are prohibited.</para>
    <para num="(c)" heading="Exceptions.">
      <para num="(1)">The Director may take enforcement action against an industrial user for a bypass unless:<para num="(i)">the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;</para>
        <para num="(ii)">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; and</para>
        <para num="(iii)">the industrial user submitted notices as required under this subtitle.</para>
      </para>
      <para num="(2)">The condition in paragraph (1)(ii) of this subsection is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance.</para>
      <para num="(3)">The Director may approve an anticipated bypass after considering its adverse effects, if the Director determines that it will meet the 3 conditions listed in paragraph (1) of this subsection.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 25, §§1(z), 7(f)(2)</annotation>
    <annotation type="History">Ord. 91-775</annotation>
  </section>
</baltimore-city-law>
