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STATE WATER RESOURCES CONTROL BOARD - 31 - ORDER 31 - ORDER WQ 2014-0153-DWQ GENERAL WASTE DISCHARGE REQUIREMENTS FOR SMALL DOMESTIC WASTEWATER TREATMENT SYSTEMS 2. There were no feasible alternatives to bypass, such as the use of auxiliary treatment facilities or retention of untreated waste. This condition is not satisfied if adequate backup equipment or wastewater storage facilities should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that would otherwise occur during normal periods of equipment downtime or preventive maintenance; or ii. Scheduled Bypass 1. Bypass is required for essential maintenance to assure efficient operation, 2. Neither effluent nor groundwater limitations are exceeded, 3. The Discharger notifies the Regional Water Board's Executive Officer 10 days in advance, and 4. The prohibition against discharge to surface water is not violated. b. A Discharger that wishes to establish the affirmative defense of an upset (see definition in Provision E.5.a) in an action brought for noncompliance shall demonstrate, through properly signed, contemporaneous operating logs, or other evidence, that all of the following is true: i. An upset occurred and the cause(s) can be identified. ii. The permitted facility was being properly operated at the time of the upset. iii. The Discharger submitted notice of the upset as required in Provision E.3.a. iv. The Discharger complied with any remedial measures required by this General Order, the NOA, or direction from the Regional Water Board's Executive Officer. In any enforcement proceeding, the Discharger seeking to establish the occurrence of an upset has the burden of proof. c. A Discharger whose wastewater flow rate has been increasing, or is projected to increase, shall estimate when the flow rate will reach hydraulic and treatment capacities of its treatment, collection, and disposal facilities. The projections shall be made in January, based on the last 3 years average dry weather flow rates, peak wet weather flow rates, and total annual flow rates, as appropriate. When any projection shows that capacity of any part of the facilities may be exceeded in 4 years, the Discharger shall notify the Regional Water Board's Executive Officer by March 1st. Providing the notification in an annual report is acceptable. d. The requirements prescribed herein do not authorize the commission of any act causing damage to the property of another, or protect the Discharger from liabilities under federal, state, or local laws. This General Order does not convey any property rights or exclusive privileges and does not create a vested right to continue to discharge wastewater. September 23, 2014