Section 18 AAC 83.415 - Bypass; terms and conditions(a) Bypass is prohibited, and the department may take enforcement action against a permittee for any bypass, unless(1) that bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;(2) there were no feasible alternatives to the bypass, including use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; however, this condition is not satisfied if the permittee, in the exercise of reasonable engineering judgment, should have installed adequate back-up equipment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and(3) the permittee provides notice to the department of a bypass event in the following manner, as appropriate: (A) for an anticipated bypass, the permittee submits notice at least ten days before the date of the bypass; the department may approve an anticipated bypass, after considering its adverse effects, if the department determines that it will meet the conditions of (a)(1) and (2) of this section;(B) for an unanticipated bypass, the permittee submits 24-hour notice as required in 18 AAC 83.410(f).(b) Notwithstanding (a) of this section, a permittee may allow a bypass that (1) does not cause an effluent limitation to be exceeded; and(2) is for essential maintenance to assure efficient operation.Eff. 7/29/2006, Register 179Authority:AS 44.46.020
AS 46.03.010
AS 46.03.020
AS 46.03.050
AS 46.03.100
AS 46.03.110