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E. Conditions Applicable to Discharge Facilities Exempted From Subchapter 15 Under Section <br /> 2511 <br /> 1. If the discharger's wastewater treatment plant is publicly owned or regulated by the Public <br /> Utilities Commission, it shall be supervised and operated by persons possessing certificates <br /> of appropriate grade according to California Code of Regulations, Title 23, Chapter 4, <br /> Subchapter 14. <br /> 2. By-pass (the intentional diversion of waste streams from any portion of a treatment facility, <br /> except diversions designed to meet variable effluent limits) is prohibited. The Board may <br /> take enforcement action against the discharger for by-pass unless: <br /> a. <br /> (1) By-pass was unavoidable to prevent loss of life, personal injury, or severe property <br /> damage. (Severe property damage means substantial physical damage to property, <br /> damage to the treatment facilities that causes them to become inoperable, or <br /> substantial and permanent loss of natural resources that can reasonably be expected <br /> to occur in the absence of a by-pass. Severe property damage does not mean <br /> economic loss caused by delays in production); and <br /> (2) There were no feasible alternatives to by-pass, such as the use of auxiliary <br /> treatment facilities or retention of untreated waste. This condition is not satisfied if <br /> adequate back-up equipment should have been installed in the exercise of <br /> reasonable engineering judgment to prevent a by-pass that would otherwise occur <br /> during normal periods of equipment downtime or preventive maintenance; or <br /> b. <br /> (1) by-pass is required for essential maintenance to assure efficient operation; and <br /> (2) neither effluent nor receiving water limitations are exceeded; and <br /> (3) the discharger notifies the Board ten days in advance. <br /> The permittee shall submit notice of an unanticipated by-pass as required in paragraph B.1. <br /> above. <br /> 3. A discharger that wishes to establish the affirmative defense of an upset(see definition in E.6 <br /> below) in an action brought for noncompliance shall demonstrate,through properly signed, <br /> contemporaneous operating logs, or other evidence, that: <br /> a. an upset occurred and the cause(s) can be identified; <br /> b. the permitted facility was being properly operated at the time of the upset; <br /> c. the discharger submitted notice of the upset as required in paragraph B.1., above; and <br /> d. the discharger complied with any remedial measures required by waste discharge <br /> requirements. <br />