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enforcement action against a User for a bypass, unless <br /> i. Bypass was unavoidable to prevent loss of life, personal <br /> iniury, or severe property dama�e; <br /> ii. There were no feasible alternatives to the bypass, such <br /> as the use of auxiliary treatment facilities, retention of <br /> untreated wastes or maintenance durin� normal periods of <br /> eQUipment downtime. This condition is not satisfied if <br /> adequate back-up ec�uipment should have been installed in <br /> the exercise of reasonable en in�g,_judgment to prevent <br /> a bypass which occurred durin� normal periods of <br /> equipment downtime or preventive maintenance; and; <br /> iii. The User submitted notices as required under <br /> foregoin� Subsection(3) of this section. <br /> � The Director ma�pprove an anticipated bypass, after <br /> considerin� its adverse effects, if the Director determines that it <br /> will meet the three conditions listed in para�ph (dl(1) of this <br /> Section 17-14. <br /> � Upset <br /> � For the purposes of this Section, upset means an exceptional <br /> incident in which there is unintentional and temporary noncompliance with <br /> cate�orical Pretreatment Standards because of factors bevond the <br /> reasonable control of the User. An upset does not include noncompliance <br /> to the extent caused by operational error, improperl�gned treatment <br /> facilities inadequate treatment facilities, lace of preventive maintenance, <br /> or careless or improper operation. <br /> � An u set shall constitute an affirmative defense to an action <br /> brou ht for noncompliance with cate�orical Pretreatment Standards if the <br /> requirements of para raph (c), below, are met. <br /> � A User who wishes to establish the affirmative defense of upset <br /> shall demonstrate, through properl�i�ned, contemporaneous operatin� <br /> lo�s, or other relevant evidence that: <br /> � An upset occurred and the User can identify the cause(sL <br /> the upset; <br /> 67 <br />