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STANDARD PROVISIONS AND REPORTING REQUIREMENTS -4 <br />National Pollutant Discharge Elimination System <br />(1) by-pass was unavoidable to prevent loss of life, personal <br />injury, or severe property damage; (severe property damage <br />means substantial physical damage to property, damage to the <br />treatment facilities that causes them to become inoperable, <br />or substantial and permanent loss of natural resources that <br />can reasonably be expected to occur in the absence cy'- a by- <br />pass; severe property damage does not mean economic ;ss <br />caused by delays in production;) <br />and <br />(2) there were no feasible alternatives to by-pass, such as the <br />use of auxiliary treatment facilities or retention of <br />untreated waste; this condition is not satisfied if adequate <br />back-up equipment should have been installed in the exercise <br />of reasonable engineering judgment to prevent a by-pass that <br />would otherwise occur during normal periods of equipment <br />downtime or preventive maintenance; <br />or <br />(1) by-pass is required for essential maintenance to assure <br />efficient operation; <br />and <br />neither effluent nor receiving water -itations <br />exceeded; <br />and <br />the Discharger notifies the Board ten days in advance. <br />The permittee shall submit notice of an unanticipated by-pass as <br />required in paragraph B.1. below. <br />14. Upset means an exceptional incident in which there is unintentional <br />and temporary noncompliance with effluent limitations because of <br />factors beyond the reasonable control of the Discharger. An upset <br />does not include noncompliance to the extent caused by operational <br />error, improperly designed treatment facilities, inadequate treatment <br />facilities, lack of preventive maintenance, failure to implement an <br />appropriate pretreatment program, or careless or improper action. A <br />Discharger that wishes to establish the affirmative defense of an <br />upset in an action brought for noncompliance shall demonstrate, <br />through properly signed, contemporaneous operating logs, or other <br />evidence, that: <br />a. an upset occurred due to identifiable cause(s);