Industrial Discharge Permit - St. Joseph Energy Center

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and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by the negligence or failure of the company to maintain safe conditions in their facility. The Director and other duly authorized employees of the City bearing proper credential and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. 2. Facilities Operation a. The permittee shall at all times maintain in good working order and operate as efficiently as possible, all pretreatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 3. BWassin a. The permittee may allow any bypass (i.e., an intentional diversion of any wastestream from any portion of the permittee's treatment facility) to occur that does not cause any Pretreatment Standards or Requirements to be violated, provided that the bypass is for maintenance essential to assure efficient operation of the facility. b. Any other bypass is prohibited except: i. where it would be unavoidable to prevent loss of life, personal injury or severe property damage. Severe property damage means 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. ii. where there was no feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime (this condition is not satisfied if, in the exercise of reasonable engineering judgment, adequate back-up equipment should have been installed to prevent a bypass during normal periods of equipment downtime or preventative maintenance); and iii. where the permittee has submitted notice to the control authority as required below. c. If the permittee knows in advance of the need to bypass, the permittee shall provide verbal notice to the Control Authority, if possible, at least ten (10) days before the date of bypass. In the event of an unanticipated bypass, the permittee shall notify the Control Authority of any bypass that violates any Pretreatment Standard or Requirement within twenty-four (24) hours of becoming aware of the bypass. Within five (5) days of becoming aware of the bypass, the permittee must submit a written report to the Director, unless waived by the Director, containing; i. a description of the bypass and its cause;