New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 14A - NEW JERSEY POLLUTANT DISCHARGE ELIMINATION SYSTEM
Subchapter 21 - REQUIREMENTS FOR INDIRECT USERS
Section 7:14A-21.6 - Bypass
Universal Citation: NJ Admin Code 7:14A-21.6
Current through Register Vol. 56, No. 24, December 18, 2024
(a) An indirect user may allow any bypass to occur which does not cause pretreatment standards to be violated, but only if such bypass is for essential maintenance to ensure efficient operation. Such bypasses are not subject to (b) and (c) below.
(b) Notice of bypass shall be as follows:
1. If an indirect user knows
in advance of the need for a bypass, it shall submit prior notice to the
control authority, if possible at least 10 days before the date of the
bypass.
2. An indirect user shall
inform the control authority by telephone or in person of an unanticipated
bypass that exceeds applicable pretreatment standards within 24 hours from the
time the indirect user becomes aware of the bypass. A written submission shall
also be provided within five days of the time the indirect 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 information of the bypass by telephone or in
person was received within 24 hours of the indirect user's becoming aware of
the bypass.
(c) Bypass is prohibited, and the control authority may take enforcement action against an indirect user for a bypass, unless:
1. 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 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 preventive maintenance; and
3. The indirect user notified the control
authority as required under (b) above.
(d) The control authority may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the conditions in (c)1 through 3 above.
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