Current through Register Vol. 49, No. 27, December 30, 2024
Subpart 1.
Applicability.
This part applies to categorical pretreatment standards.
Subp. 2.
Definitions.
For the purposes of this part, the following meanings
apply:
A. "bypass" means the
intentional diversion of waste streams from any portion of an industrial user's
treatment facility; and
B. "severe
property damage" means substantial physical damage to property, damage to the
treatment facilities that causes the facilities 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.
Subp. 3.
Bypass not violating
applicable categorical pretreatment standards or requirements.
An industrial user may allow a bypass to occur if the bypass
does not cause categorical pretreatment standards or requirements to be
violated and the bypass is for essential maintenance to ensure efficient
operation. A bypass under this subpart is not subject to subparts
4
and
5.
Subp. 4.
Notice.
A. If an industrial user knows in advance of
the need for a bypass, the industrial user shall submit prior written notice to
the POTW, if possible, at least ten days before the date of the
bypass.
B. An industrial user shall
submit oral notice of an unanticipated bypass that exceeds applicable
pretreatment standards to the POTW within 24 hours from the time the industrial
user becomes aware of the bypass. A written submission shall also be provided
within five days of the time the industrial user becomes aware of the bypass.
The written submission shall contain:
(1) a
description of the bypass and its cause;
(2) the duration of the bypass, including
exact dates and times;
(3) if the
bypass has not been corrected, the anticipated time it is expected to continue;
and
(4) steps taken or planned to
reduce, eliminate, and prevent recurrence of the bypass.
C. The control authority may waive the
written report under item B on a case-by-case basis if the oral report has been
received within 24 hours.
Subp.
5.
Prohibition of bypass; approval of anticipated
bypass.
A. A bypass is prohibited and
the control authority may take enforcement action against an industrial user
for a bypass, unless:
(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 the use of auxiliary treatment facilities,
retention of untreated wastes, or maintenance during normal periods of
equipment downtime. This item 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 preventive maintenance; and
(3)
the industrial user submitted notices as required in subpart
4.
B. The control authority may approve an
anticipated bypass, after considering its adverse effects, if the control
authority determines that the bypass will meet the conditions in item
A.
Statutory Authority: MS s
115.03
