Section 327IAC5-16-7. Bypass

   (a) The following definitions apply throughout this section:

(1) "Bypass" means the intentional diversion of waste streams from any portion of an industrial user’s treatment facility.

(2) "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 bypass. Severe property damage does not mean economic loss caused by delays in production.

  (b) An industrial user may allow a bypass to occur if:

(1) it does not cause a violation of any pretreatment standard or requirement under 327 IAC 5-2; and

(2) it is for essential maintenance to assure efficient operation.

These bypasses are not subject to the provisions of subsections (c) and (d).

  (c) The reporting requirements for a bypass are as follows:

(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the control authority, if possible, at least ten (10) days before the date of the bypass.

(2) If an unanticipated bypass exceeds a pretreatment standard or requirement under 327 IAC 5-2, the industrial user shall give oral notice to the control authority within twenty-four (24) hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided to the control authority within five (5) days of the time the industrial user becomes aware of the bypass. The written submission must contain the following:

(A) A description of the bypass and its cause.

(B) The duration of the bypass, including exact dates and times and the anticipated time it is expected to continue if the bypass has not been corrected.

(C) The steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.

  (d) Bypass is prohibited, and the control authority may take enforcement action against an industrial user for a bypass unless the following are demonstrated:

(1) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage.

(2) There were no feasible alternatives to the bypass, such as any of the following:

(A) The use of auxiliary treatment facilities.

(B) Retention of untreated wastes.

(C) Maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventative maintenance.

(3) The industrial user submitted notices as required under subsection (c).

(4) A planned bypass is approved in advance by the control authority after determining that the bypass will not violate subdivisions (1) through (3).

(Water Pollution Control Division; 327 IAC 5-16-7; filed Oct 10, 2000, 3:02 p.m.: 24 IR 292)