[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR403.17]

[Page 46-47]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 403--GENERAL PRETREAT- MENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION--Table of Contents
 
Sec. 403.17  Bypass.

    (a) Definitions. (1) Bypass means the intentional diversion of 
wastestreams

[[Page 47]]

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 paragraphs 
(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 ten 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 
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.
    (d) Prohibition of bypass. (1) Bypass is prohibited, and the Control 
Authority may take enforcement action against an Industrial User for a 
bypass, unless;
    (i) Bypass was unavoidable to prevent loss of life, personal injury, 
or severe property damage;
    (ii) 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
    (iii) The Industrial User submitted notices as required under 
paragraph (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 paragraph (d)(1) of 
this section.

[53 FR 40615, Oct. 17, 1988, as amended at 58 FR 18017, Apr. 7, 1993]