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STANDARD PROVISIONS AND REPORTING REQUIREMENTS -7- Waste Discharge to Land t E. Conditions Applicable to Discharge Facilities Exempted From Subchapter 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, Chapter 4, Subchapter 14. 2. By-pass (the intentional 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 effi- cient 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: a. an upset occurred and the cause(s) can be identified;