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SPX CORPORATION ORDER R5-2019-0018 <br /> SPX MARLEY COOLING TECHNOLOGIES GROUNDWATER CLEANUP NPDES NO. CA0081787 <br /> 1. Enter upon the Discharger's premises where a regulated facility or activity is located or <br /> conducted, or where records are kept under the conditions of this Order (33 U.S.0 § <br /> 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(1); Wat. Code, §§ 13267, 13383); <br /> 2. Have access to and copy, at reasonable times, any records that must be kept under the <br /> conditions of this Order (33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(2); Wat. <br /> Code, §§ 13267, 13383); <br /> 3. Inspect and photograph, at reasonable times, any facilities, equipment (including <br /> monitoring and control equipment), practices, or operations regulated or required under <br /> this Order (33 U.S.0 § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(3); Wat. Code, § 13267, <br /> 13383); and <br /> 4. Sample or monitor, at reasonable times, for the purposes of assuring Order compliance <br /> or as otherwise authorized by the CWA or the Water Code, any substances or <br /> parameters at any location. (33 U.S.0 § 1318(a)(4)(B); 40 C.F.R. § 122.41(i)(4); Wat. <br /> Code, §§ 13267, 13383.) <br /> G. Bypass <br /> 1. Definitions <br /> a. "Bypass" means the intentional diversion of waste streams from any portion of a <br /> treatment facility. (40 C.F.R. § 122.41(m)(1)(i).) <br /> b. "Severe property damage" means substantial physical damage to property, damage <br /> to the treatment facilities, which causes them to become inoperable, or substantial <br /> and permanent loss of natural resources that can reasonably be expected to occur <br /> in the absence of a bypass. Severe property damage does not mean economic loss <br /> caused by delays in production. (40 C.F.R. § 122.41(m)(1)(ii).) <br /> 2. Bypass not exceeding limitations. The Discharger may allow any bypass to occur which <br /> does not cause exceedances of effluent limitations, but only if it is for essential <br /> maintenance to assure efficient operation. These bypasses are not subject to the <br /> provisions listed in Standard Provisions — Permit Compliance I.G.3, LGA, and I.G.5 <br /> below. (40 C.F.R. § 122.41(m)(2).) <br /> 3. Prohibition of bypass. Bypass is prohibited, and the Central Valley Water Board may take <br /> enforcement action against a Discharger for bypass, unless (40 C.F.R. <br /> § 122.41(m)(4)(i)): <br /> a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property <br /> damage (40 C.F.R. § 122.41(m)(4)(i)(A)); <br /> b. There were no feasible alternatives to the bypass, such as the use of auxiliary <br /> treatment facilities, retention of untreated wastes, or maintenance during normal <br /> periods of equipment downtime. This condition is not satisfied if adequate back-up <br /> equipment should have been installed in the exercise of reasonable engineering <br /> judgment to prevent a bypass that occurred during normal periods of equipment <br /> downtime or preventive maintenance (40 C.F.R. § 122.41(m)(4)(i)(B)); and <br /> c. The Discharger submitted notice to the Central Valley Water Board as required <br /> under Standard Provisions — Permit Compliance I.G.5 below. (40 C.F.R. <br /> § 122.41(m)(4)(i)(C).) <br /> ATTACHMENT D—STANDARD PROVISIONS D-2 <br />