Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 5 - INDUSTRIAL WASTEWATER PRETREATMENT PROGRAMS AND NPDES
Rule 16 - General Provisions
Section 16-7 - Bypass
Universal Citation: 327 IN Admin Code 16-7
Current through March 20, 2024
Authority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 7.
(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).
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