(1) 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 is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (2) and (3), below.
    (2) Notice.
    (a) If an industrial user knows in advance of the need for a bypass, it shall submit a notice to the control authority at least ten days before the date of the bypass. If the industrial user does not know of the need for a bypass ten days prior to the bypass then the industrial user shall notify the control authority immediately upon knowledge of the need for the bypass.
    (b) 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:
    1. A description of the bypass and its cause;
    2. 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,
    3. Steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.
    (3) Prohibition of bypass.
    (a) Bypass is prohibited, and the control authority shall take enforcement action against an industrial user for a bypass, unless:
    1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage,
    2. There were no technically 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,
    3. The industrial user submitted notices as required under subsection (2), above.
    (b) The control authority shall, except when the Department acts as the control authority, approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the three conditions listed in paragraph (a), above. If the Department is acting as the control authority, then the industrial user shall notify the WWF of the anticipated bypass.
Rulemaking Authority 403.061(7), (31), 403.0885 FS. Law Implemented 403.0885, 403.08851 FS. History-New 11-29-94.