Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION
Part VII - General Pretreatment Regulations for Existing and New Sources of Pollution
Section 9VAC25-31-890 - Bypass
Universal Citation: 9 VA Admin Code 25-31-890
Current through Register Vol. 41, No. 3, September 23, 2024
A. Definitions. For the purpose of this section:
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 subsections 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 10 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 five 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;
a. Bypass was unavoidable to prevent
loss of life, personal injury, or severe property damage;
b. 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
c.
The industrial user submitted notices as required under subsection 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 subdivision 1 of this subsection.
Statutory Authority
§§ 62.1-44.15, 62.1-44.16, 62.1-44.17, 62.1-44.18, and 62.1-44.19 of the Code of Virginia.
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