Remedial Action Report Construction Phase

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Pemut Number: 1500A Expiration Date: 6/30/2000 Page 6 of 10 Pages Proaer Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances~ which aze installed or used by the permittee to achieve compliance with the conditions of this permif. Proper operation and maintenance also includes adequate labontory con~ols, and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary, facilities or sunlar systems which are installed by a permittee only when the operation is necessary to achieve comphance with the condirions of the permit 2. Dutv to Halt or Reduce Activity For indus~ial or commercial facilities, upon reducrion, loss, or failure of the treatment facility, the permittee shall to the extent necessary to maintain comphance with its permit, control production or all discnarges or both unril t~e facility is restored or an altemative method of h~eatment is provided. This requirement applies, for example, when the primary source of power of the a~eatment facility fails or is reduced or lost. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to mainta~n compliance with the condirions of this oertnit. Bwass of Treahnent Facilities Definitions (1) "Bypass" means intenrional diversion of waste streams from any portion of the treamzent facility. The term "bypass" dces not include nonuse of singular or multiple units or processes of a treatinent works when the nonuse is insignificant to the quality and/or quantity of the ef~luent produced b~y the trea~nent works. The term 'bypass" does not apply if the diversion does not cause ei~luent limitations to be exceeded, provided the diversion is to allow essential maintenance to assure efficient operarion. (2) "Severe property damage" means substanrial physical damage to property, damage to the treatment facilities or ~eatinent processes which causes them to become moperable, or substantiat 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. Prohibition of bypass. ~ (1) B ass is prohibited unless: ~ (a~ Bypass was necessary 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 auxihary treatment facilities, retenrion of unh~eated wastes, or ma~ntenance during normal periods of equipment downtime. This condirion is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineeruig. ~udgment to prevent a bypass which occurred during normal periods of equipment downtune or preventative maintenance; and (c) The permittee submittednotices and requests as required under General Condition B.3.c. (2) The Director may approve an anticipated bypass, after considering its adverse effects and any altematives to bypassing, when the Duector determines that it will meet the three conditions listed above in General ~ondihon B.3.b.(1). c. Notice and request for bypass. (1) Anticipated bypass. If the permittee lmows in advance of the need for a bypass, it shall submit prior written norice if possible at least ten days before the date of the bypass; , (2) Unantici ate~ bypass. The permittee shall submit notice of an unanhcipated bypass as required in General ~ondirion D.S. 4. Upset a. Definition. "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit ef~luent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance.to the extent caused by operation error, improperly.designed treatment faciliries, inadequate treatment facilities, lack of preventative maintenance, or cazeless or unproper operarion. b. Effect of an upset. An upset constitutes an affirmative defense to an action brou t for noncompliance with such technology based permit ef~luent limitarions if the requirements of General ~ndirion B.4.c are met. No determination made during administrarive review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final adminish~ative action subject to ~udicial review. Conditions necessary for a demonstrarion of upset. A permittee who wishes to establish the affumative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: 1 An upset occurred and that the permittee, can identify the causes(s) of the upset; 2 The permitted facility was at the time be~ng properly operated; ~3~ The permittee submitted notice of the upset as nquired in General Condition D.S, hereof (24-huur notice); and