Section 327IAC15-4-2. Management requirements

   (a) Persons regulated by this article shall, at all times, maintain in good working order and efficiently operate all facilities and systems (and related appurtenances) for collection and treatment which are installed or used by the person and which are necessary for achieving compliance with the terms and conditions of this article.

  (b) The following definitions, with regard to bypass of treatment facilities, apply throughout this rule:

(1) "Bypass" means the intentional diversion of a wastestream from any portion of a treatment facility normally utilized for treatment of the wastestream.

(2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which would cause 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 at the facility.

  (c) Bypass which causes, or is likely to cause, applicable effluent limitations to be exceeded is prohibited unless the following conditions are met:

(1) Bypass is unavoidable to prevent loss of life, personal injury, or severe property damage.

(2) There are no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal period of equipment downtime.

(3) The person submits notice of an unanticipated bypass to the commissioner within twenty-four (24) hours of becoming aware of the bypass. (If this information is provided orally, a written submission must be provided within five (5) days.) Where the person knows, or should have known, in advance of the need for a bypass, this prior notification shall be submitted for approval to the commissioner, if possible, at least ten (10) days before the date of the bypass.

An anticipated bypass which meets the criteria under this subsection may be allowed under conditions determined to be necessary by the commissioner to minimize any adverse effects.

  (d) With regard to upset conditions, as used in this rule, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with the requirements of the applicable general permit rule because of factors beyond the reasonable control of the responsible person. An upset does not include noncompliance to the extent caused by any of the following:

(1) Operational error.

(2) Improperly designed treatment facilities.

(3) Inadequate treatment facilities.

(4) Lack of preventive maintenance.

(5) Careless or improper operation.

  (e) An upset shall constitute an affirmative defense to an action brought for noncompliance with such effluent limitations if the requirements under subsection (d) are met.

  (f) A person regulated under this article who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence, the following:

(1) An upset occurred and the regulated person has identified the specific cause of the upset, if possible.

(2) The facility was, at the time being operated, in compliance with proper operation and maintenance procedures.

(3) The regulated person complied with any remedial measures required under section 1(d) of this rule.

  (g) Solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or control of waters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering navigable waters and to be in compliance with all Indiana statutes and rules relative to liquid and/or solid waste disposal. (Water Pollution Control Division; 327 IAC 15-4-2; filed Aug 31, 1992, 5:00 p.m.: 16 IR 21)