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• STANDARD PROVISIONS AND ?EPORTING REQUIREMENTS National Pollutant Discnarge Elimination System 0 -4 a. (1) by-pass was 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 that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a by- pass; severe property damage does not mean economic loss caused by delays in production;) and (2) there were no feasible alternatives to by-pass, such as the use of auxiliary treatment facilities or retention of untreated waste; this condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a by-pass that would otherwise occur during normal periods of equipment downtime or preventive maintenance;. or b. (1) by-pass is required for essential maintenance to assure efficient operation; and (2) neither effluent nor receiving water limitations are exceeded; and (3) the Discharger notifies the Board ten days in advance. The permittee shall submit notice of an unanticipated by-pass as required in paragraph B.1. below. 14. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with effluent limitations because of factors beyond the reasonable control of the Discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, failure to implement an appropriate pretreatment program, or careless or improper action. A Discharger that wishes to establish the affirmative defense of an upset in an action brought for noncompliance shall demonstrate, through properly signed, contemporaneous operating logs, or other evidence, that: a. an upset occurred due to identifiable cause(s);