Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 528 - PRETREATMENT PROGRAM
Section 096-528-17 - Bypass [see 40 CFR 403.17]
Universal Citation: 06 ME Code Rules ยง 096-528-17
Current through 2024-38, September 18, 2024
(a) Definitions.
(1) Bypass means the intentional diversion of
wastestreams 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 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.
(b) Bypass not violating applicable Pretreatment Standards or Requirements. An Industrial User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (c) and (d) of this section.
(c) Notice.
(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 days before the date of the
bypass.
(2) An Industrial User
shall submit oral notice of an unanticipated bypass that exceeds applicable
Pretreatment Standards to the Control Authority within 24 hours from the time
the Industrial User becomes aware of the bypass. A written submission shall
also be provided within 5 days of the time the Industrial User becomes aware of
the bypass. The written submission shall contain a description of the bypass
and its cause; the duration of the bypass, including exact dates and times,
and, if the bypass has not been corrected, the anticipated time it is expected
to continue; and steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The Control Authority may waive the written report
on a case-by-case basis if the oral report has been received within 24
hours.
(d) Prohibition of bypass.
(1) Bypass is prohibited, and the
Control Authority may take enforcement action against an Industrial User for a
bypass, unless;
(i) Bypass was unavoidable to
prevent loss of life, personal injury, or severe property damage;
(ii) There were 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 adequate back-up equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or
preventative maintenance; and
(iii)
The Industrial User submitted notices as required under paragraph (c) of this
section.
(2) The Control
Authority may approve an anticipated bypass, after considering its adverse
effects, if the Control Authority determines that it will meet the three
conditions listed in paragraph (d)(1) of this section.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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