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SPX CORPORATION ORDER R5-2019-0018 <br /> SPX MARLEY COOLING TECHNOLOGIES GROUNDWATER CLEANUP NPDES NO. CA0081787 <br /> 4. The Central Valley Water Board may approve an anticipated bypass, after considering its <br /> adverse effects, if the Central Valley Water Board determines that it will meet the three <br /> conditions listed in Standard Provisions— Permit Compliance I.G.3 above. (40 C.F.R. § <br /> 122.41(m)(4)(ii).) <br /> 5. Notice <br /> a. Anticipated bypass. If the Discharger knows in advance of the need for a bypass, it <br /> shall submit prior notice, if possible at least 10 days before the date of the bypass. <br /> The notice shall be sent to the Central Valley Water Board. As of 21 December <br /> 2020, all notices shall be submitted electronically to the initial recipient (State Water <br /> Board), defined in Standard Provisions— Reporting V.J below. Notices shall comply <br /> with 40 C.F.R. part 3, section 122.22, and 40 C.F.R. part 127. (40 C.F.R. § <br /> 122.41(m)(3)(i).) <br /> b. Unanticipated bypass. The Discharger shall submit a notice of an unanticipated <br /> bypass as required in Standard Provisions - Reporting V.E below (24-hour notice). <br /> The notice shall be sent to the Central Valley Water Board. As of <br /> 21 December 2020, all notices shall be submitted electronically to the initial <br /> recipient (State Water Board), defined in Standard Provisions — Reporting V.J <br /> below. Notices shall comply with 40 C.F.R. part 3, section 122.22, and 40 C.F.R. <br /> part 127. (40 C.F.R. § 122.41(m)(3)(ii).) <br /> H. Upset <br /> Upset means an exceptional incident in which there is unintentional and temporary <br /> noncompliance with technology based permit effluent limitations because of factors beyond <br /> the reasonable control of the Discharger. An upset does not include noncompliance to the <br /> extent caused by operational error, improperly designed treatment facilities, inadequate <br /> treatment facilities, lack of preventive maintenance, or careless or improper operation. (40 <br /> C.F.R. § 122.41(n)(1).) <br /> 1. Effect of an upset. An upset constitutes an affirmative defense to an action brought for <br /> noncompliance with such technology based permit effluent limitations if the requirements <br /> of Standard Provisions — Permit Compliance I.H.2 below are met. No determination <br /> made during administrative review of claims that noncompliance was caused by upset, <br /> and before an action for noncompliance, is final administrative action subject to judicial <br /> review. (40 C.F.R. § 122.41(n)(2).) <br /> 2. Conditions necessary for a demonstration of upset. A Discharger who wishes to establish <br /> the affirmative defense of upset shall demonstrate, through properly signed, <br /> contemporaneous operating logs or other relevant evidence that (40 C.F.R. § <br /> 122.41(n)(3)): <br /> a. An upset occurred and that the Discharger can identify the cause(s) of the upset (40 <br /> C.F.R. § 122.41(n)(3)(i)); <br /> b. The permitted facility was, at the time, being properly operated (40 C.F.R. <br /> § 122.41(n)(3)(ii)); <br /> c. The Discharger submitted notice of the upset as required in Standard Provisions — <br /> Reporting V.E.2.b below (24-hour notice) (40 C.F.R. § 122.41(n)(3)(iii)); and <br /> d. The Discharger complied with any remedial measures required under <br /> Standard Provisions— Permit Compliance LC above. (40 C.F.R. § 122.41(n)(3)(iv).) <br /> ATTACHMENT D—STANDARD PROVISIONS D-3 <br />