Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-40 - Water Resources (WPC)
Chapter 0400-40-14 - Pretreatment Requirements
Section 0400-40-14-.17 - BYPASS
Universal Citation: TN Comp Rules and Regs 0400-40-14-.17
Current through September 24, 2024
(1) Definitions.
(a) Bypass means the intentional diversion of
wastestreams from any portion of an Industrial User's treatment
facility.
(b) 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.
(2) 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 provisions of paragraphs (3) and (4) of this rule.
(3) Notice.
(a) 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.
(b) 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.
(4) Prohibition of bypass.
(a) Bypass is prohibited, and the Control
Authority may take enforcement action against an Industrial 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 backup 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
3.
The Industrial User submitted notices as required under paragraph (3) of this
rule.
(b) 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 subparagraph (a) of this paragraph.
Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.
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