AFFIRMATIVE DEFENSE FOR VIOLATION OF BYPASS PROHIBITION.
Austin City Code § 15-10-302
in effect§ 15-10-302 - AFFIRMATIVE DEFENSE FOR VIOLATION OF BYPASS PROHIBITION.
(A) It is an affirmative defense to prosecution for violation of the prohibitions against bypass under Section 15-10-27 (Bypass), that:
(1) the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage, and the person causing or allowing the bypass complied with the notice requirements in Section 15-10-27 (Bypass); or
(2) no feasible alternatives to the bypass existed, including the use of an auxiliary treatment facility, retention of untreated waste, or preventative maintenance during a normal period of equipment downtime.
(B) A person may not assert an affirmative defense to prosecution for a bypass occurring during a normal period of equipment downtime or preventative maintenance, if the person should have, in the exercise of reasonable engineering judgment, installed adequate backup equipment to prevent a bypass.
Source: 1992 Code Section 18-2-302; Ord. 031204-14; Ord. 031211-11.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT15UTRE_CH15-10WARE_ART12ENPEAP_DIV5DE_S15-10-302AFDEVIBYPRFetched: 10/27/2026