Section 211.19. Loss of treatment capacity and bypass.

 

(1)  Industrial users shall control production or contain discharges to the extent necessary to maintain compliance with pretreatment standards and requirements upon the reduction, loss or failure of a treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies to, but is not limited to, the situation in which the primary source of power for the treatment facility is reduced, lost or fails.

(2)  A bypass that does not result in a violation of any pretreatment standard or requirement is prohibited except where the bypass is necessary for essential maintenance.

(3)  A bypass that results in a violation of any pretreatment standard or requirement is prohibited unless the conditions of pars. (a) to (c) are met:

(a)

1. Bypass is necessary to prevent loss of life;

2. Bypass is necessary to prevent personal injury; or

3. The industrial user reasonably expects the following to occur without a bypass:

a. Substantial physical damage to property;

b. Damage to treatment facilities that would cause them to become inoperable; or

c. Substantial and permanent loss of natural resources.

(b) No feasible alternatives to the bypass exist, such as use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up 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 preventive maintenance; and

(c)

1. If an industrial user knows in advance of the need for a bypass, it notifies the control authority at least 10 days before the bypass if possible or otherwise as soon as possible; or

2. An industrial user orally notifies the control authority of an unanticipated bypass within 24 hours from the time the industrial user becomes aware of the bypass and provides a written submission, within 5 days of the time the industrial user becomes aware of the bypass, containing:

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 time it is expected to end; and

c. A description of the steps taken or planned to prevent recurrence of the bypass.

History: Cr. Register, March, 1992, No. 435 , eff. 4-1-92.