Section 323.2316. Bypass.

(1) A nondomestic user may allow a bypass to occur  if   the bypass does not cause pretreatment   standards  or  requirements   to  be violated, but only if the bypass is also for essential maintenance to assure efficient operation. A bypass is not subject to the  provisions  of subrules (2) and (3) of this rule.

(2)   If a nondomestic user knows in advance of the need for a bypass, it shall submit prior notice to the publicly owned treatment works,  if possible, not less  than  10 days  before the  date  of  the  bypass.  A

nondomestic user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the publicly owned treatment works within 24 hours of the time the nondomestic user becomes aware of the bypass. A written submission shall also be provided to the control authority within 5 days of  the   time  the nondomestic user becomes aware of the bypass. The written submission shall contain all of the following:

(a)  ) A description of the bypass and its cause.

(b)   The duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected  to continue.

(c)     Steps taken or planned to  reduce,  eliminate,   and  prevent  a reoccurrence of the bypass.

(3)    Bypass is prohibited, and the control authority may take enforcement action against a nondomestic user for a bypass, unless all of the following provisions apply:

(a)    Bypass was unavoidable to prevent a loss of life, personal injury, or severe property damage.

(b)   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. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or  preventative maintenance.

(c)    The nondomestic user submitted notices as required under subrule (2) of this

rule.

(4)   The control  authority  may  approve  an  anticipated  bypass  after considering

its adverse effects if the control authority determines  that the provisions listed in subrule

(3) of this rule will apply.

History: 1995 AACS.