Industrial Wastewater Discharge Permit - Tri-Pac, Inc.

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Tri-Pac Inc. Industrial Wastewater Discharge Permit page 20 of 36 3. Bypassing a. The permittee may allow any bypass (i.e., an intentional diversion of any wastestream from any portion of the permittee’s treatment facility) to occur that does not cause any Pretreatment Standards or Requirements to be violated, provided that the bypass is for maintenance essential to assure efficient operation of the facility. b. Any other bypass is prohibited except: i. where it would be 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 which causes them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. ii. where there was no feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime (this condition is not satisfied if, in the exercise of reasonable engineering judgment, adequate back-up equipment should have been installed to prevent a bypass during normal periods of equipment downtime or preventative maintenance); and iii. where the permittee has submitted notice to the control authority as required below. c. If the permittee knows in advance of the need to bypass, the permittee shall provide verbal notice to the Control Authority, if possible, at least ten (10) days before the date of bypass. In the event of an unanticipated bypass, the permittee shall notify the Control Authority of any bypass that violates any Pretreatment Standard or Requirement within twenty-four (24) hours of becoming aware of the bypass. Within five (5) days of becoming aware of the bypass, the permittee must submit a written report to the Director, unless waived by the Director, containing; i. a description of the bypass and its cause; ii. the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, how long the bypass is expected to continue; and iii. steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 4. Duty to Mitigate a. The permittee shall take all reasonable steps to minimize any adverse impact to the POTW resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring necessary to determine the nature and impact of the non- compliant discharge. 5. Upset Provision a. Upset means an exceptional incident in which there is unintended and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. b. An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical Pretreatment Standards if the requirements below are met. c. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating log, or other relevant evidence that: