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