[Code of Federal Regulations]

[Title 40, Volume 28]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR403.17]



[Page 51-52]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 403_GENERAL PRETREATMENT 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 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



[[Page 52]]



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]