Laserfiche WebLink
Part II <br />Page 42 of 56 <br />Permit No. C00032115 <br />duty to promptly submit such facts or information. <br />M. BYPASS <br />1. Definitions: <br />a. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility in <br />accordance with 40 CFR 5122.41(m)(1)(i) and Regulation 61.2(12). <br />b. Severe property damage means substantial physical damage to property, damage to the treatment <br />facilities which causes them to become inoperable, or substantial and permanent loss of natural <br />resources which can reasonably be expected to occur in the absence of a bypass. Severe property <br />damage does not mean economic loss caused by delays in production. See 40 CFR §122.41(m)(1)(ii). <br />2. Bypass not exceeding limitations. You may allow any bypass to occur which does not cause effluent limitations <br />to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses <br />are not subject to the provisions of Appendix I, Subsections 1.13.3 and 1.13.4. See 40 CFR 5122.41(m)(2). <br />3. Notice of bypass: <br />a. Anticipated bypass. If you know in advance of the need for a bypass, you must submit prior notice, if <br />possible at least ten days before the date of the bypass. See 40 CFR S1 22.41 (m)(3)(i). <br />b. Unanticipated bypass. You must submit notice of an unanticipated bypass as required in Appendix I, <br />Subsection 1. 12.6 (24-hour notice). See 40 CFR 3122.41(m)(3)(ii). <br />4. Prohibition of Bypass: Bypasses are prohibited and the division may take enforcement action against the <br />permittee for bypass, unless: <br />a. the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; <br />b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, <br />retention of untreated wastes, or maintenance during normal periods of equipment downtime. This <br />condition is not satisfied if adequate backup equipment should have been installed in the exercise of <br />reasonable engineering judgment to prevent a bypass which occurred during normal periods of <br />equipment downtime or preventive maintenance; and <br />C. proper notices were submitted to the division. <br />i. The Director may approve an anticipated bypass, after considering its adverse effects, if the <br />Director determines that it will meet the three conditions listed. <br />N. UPSET <br />1. Definition: "Upset" means an exceptional incident in which there is unintentional and temporary <br />noncompliance with technology based permit effluent limitations because of factors beyond the reasonable <br />control of the permittee. An upset does not include noncompliance to the extent caused by operational error, <br />improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or <br />careless or improper operation in accordance with 40 CFR S122.41 (n) and Regulation 61.2(114). <br />2. Effect of an upset: An upset constitutes an affirmative defense to an action brought for noncompliance with <br />technology based permit effluent limitations if the requirements of paragraph (c) of this section are met. A <br />determination made during administrative review of claims that noncompliance was caused by upset is final <br />administrative action subject to judicial review in accordance with Regulation 61.8(3)(j). <br />3. Conditions necessary for demonstration of an Upset: A permittee who wishes to establish the affirmative <br />defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant <br />evidence that <br />a. an upset occurred and the permittee can identify the specific cause(s) of the upset; <br />c. the permitted facility was at the time being properly operated and maintained; and <br />d. the permittee submitted proper notice of the upset as required in Part 111.6 (24-hour notice); and <br />e. The permittee complied with any remedial measure necessary to minimize or prevent any discharge or <br />sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely <br />affecting human health or the environment. <br />4. In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense <br />of upset for a violation of effluent limitations based upon water quality standards shall also demonstrate <br />