06-13-11 Council Agenda & Packet

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enforcement action against a User for a bypass, unless i. Bypass was unavoidable to prevent loss of life, personal severe pro or se property damage, injury, e._ r dama ii. There w_ ere no feasible alternatives 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 ade uate_ back -u a uipment should have .____ _ q p q been installed in the of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and• iii. The User submitted as required under fore. -going Subsection (3) of this section. 0) The Director may approve an anticipated bypass, after considering its adverse effects if the Director determines that it will meet the three conditions listed in paragraph (d)(1) of this Section 17 -14. LX) U,pset Q) For the purposes of this Section- upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical_ Pretreatment Standards because of factors beyond the reasonable control of the User. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facili.ties,_.inadeguate_ treatment facilities, lace of preventive maintenance or careless or improper operation. An upset shall constitute an affirmative defense to an action brought_ for noncompliance_ _with categorical Pretreatment Standards if the requirements ofparagrraph (c), below, are met. A_ User who wishes to establish the affirmative defense of upset shall demonstrate _through properly signed, contemporaneous operating logs, or other relevant evidence that: La) An upset occurred and the User can identify the caase(sl of the upset-, 67