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I <br /> • • <br /> STANDARD PROVISIONS AND REPORTING REQUIREMENTS 3 <br /> National Pollutant Discharge Elimination System <br /> 11. This Order shall be modified, or alternately revoked and reissued,to comply with any applicable <br /> effluent standard or limitation issued or approved under Sections 301(b)(2)(C)and(D), 304(b)(2),and <br /> 307(a)(2) of the CWA,if the effluent standard or limitation so issued or approved: <br /> a. contains different conditions or is otherwise more stringent than any effluent limitation in the <br /> Order; or <br /> b. controls any pollutant limited in the Order. <br /> The Order,as modified or reissued under this paragraph,shall also contain any other requirements of <br /> the CWA then applicable. <br /> 12. The provisions of this Order are severable.If any provision of this Order is found invalid,the <br /> remainder of this Order shall not be affected. <br /> 13. By-pass(the intentional diversion of waste streams from any portion of a treatment facility or <br /> collection system,except those portions designed to meet variable effluent limits)is prohibited except <br /> under the following conditions: <br /> a. (1) by-pass was unavoidable to prevent loss of life,personal injury,or severe property <br /> damage;(severe property damage means substantial physical damage to property,damage <br /> to the treatment facilities that causes them to become inoperable,or substantial and <br /> permanent loss of natural resources that can reasonably be expected to occur in the <br /> absence of a by-pass; severe property damage does not mean economic loss caused by <br /> delays in production); <br /> and <br /> (2) there were no feasible alternatives to by-pass,such as the use of auxiliary treatment <br /> facilities or retention of untreated waste;this condition is not satisfied if adequate backup <br /> equipment should have been installed in the exercise of reasonable engineering judgment <br /> to prevent a by-pass that would otherwise occur during normal periods of equipment <br /> downtime or preventive maintenance; <br /> or <br /> b. (1) by-pass is required for essential maintenance to assure efficient operation; <br /> and <br /> (2) neither effluent nor receiving water limitations are exceeded; <br /> and <br /> (3) the Discharger notifies the Board ten days in advance. <br /> The permittee shall submit notice of an unanticipated by-pass as required in paragraph B.1.below: <br /> 14. Upset means an exceptional incident in which there is unintentional and temporary noncompliance <br /> with effluent limitations because of factors beyond the reasonable control of the Discharger.An upset <br /> does not include noncompliance to the extent caused by operational error,improperly designed <br /> treatment facilities,inadequate treatment facilities,lack of preventive maintenance, failure to <br />