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STANDARD PROVISION AND REPORTING REQUIREMENTS -6- Waste Discharge to Land certify that the waste management unit has been constructed in accordance with Board-approved plans and specifications. 3. Materials used to construct liners shall have appropriate physical and chemical properties to ensure containment of discharged wastes over the operating life, closure, and post-closure maintenance period of the waste management units. 4. Closure of each waste management unit shall be performed under the direct supervision of a California registered civil engineer or a California certified engineering geologist. E. Conditions Applicable to Discharge Facilities Exempted from Chapter 15 Under Section 2511 1. If the discharger's wastewater treatment plant is publicly owned or regulated by the Public Utilities Commission, it shall be supervised and operated by persons possessing certificates of appropriate grade according to California Code of Regulations, Title 23,Division 4, Chapter 14. 2. By-pass (the international diversion of waste streams from any portion of a treatment facility, except diversions designed to meet variable effluent limits) is prohibited. The Board may take enforcement action against the discharger for by-pass unless: a. (1) By-pass was unavoidable to prevent loss of life,personal injury, or severe property damage. (Severe property damage means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a by-pass. Severe property damage does not mean economic loss caused by delays in production); and (2) There were no feasible alternatives to by-pass, such as the use of auxiliary treatment facilities or retention of untreated waste. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a by-pass that would otherwise occur during normal periods of equipment downtime or preventive maintenance; or b. (1) by-pass is required for essential maintenance to assure efficient operation; and (2) neither effluent nor receiving water limitations are exceeded; and (3) the discharger notifies the Board ten days in advance. The permittee shall submit notice of an unanticipated by-pass as required in paragraph B.1. above. 3. A discharger that wishes to establish the affirmative defense of an upset(see definition in E.6 below) in an action brought for noncompliance shall demonstrate, through properly signed, contemporaneous operating logs, or other evidence, that: