N.H. Code Admin. R. Env-Wq 1205.14

Current through Register No. 25, June 20, 2024

Section Env-Wq 1205.14 - Bypass, Slug Discharge, and Upset Notification and Requirements

(a) The user shall immediately call and notify the WRBP in the event of a spill, slug discharge, pretreatment upset, or bypass.

(b) To facilitate the implementation of (a), above, the user shall:

(1) Instruct all employees of the requirement to immediately notify the WRBP in the event of a spill, slug discharge, pretreatment upset, or bypass; and

(2) Post a permanent notice that includes the WRBP's telephone number in a location that is plainly visible to the user's personnel responsible for managing wastewater discharges.

(c) A user may allow a bypass as defined in Env-Wq 1202.05 to occur, provided the bypass:

(1) Does not cause pretreatment standards or requirements to be violated; and

(2) Is unavoidable, as specified in (e), below.

(d) If a user knows in advance of the need for a bypass, the user shall submit a written notice to the WRBP at least 10 days before the date of the bypass.

(e) A bypass shall be deemed to be unavoidable if:

(1) The bypass was necessary to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of one of the following:

a.Auxiliary treatment facilities;

b.A retention tank for untreated wastes; or

c.Maintenance during normal periods of equipment downtime.

(f) The "no feasible alternative" provision of (e)(2), above, shall not be satisfied if back-up equipment could have been installed to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance.

(g) If necessary to comply with 40 CFR 403.8(f)(2)(vi), the WRBP shall require the user to develop, submit to the WRBP for approval based on those provisions, and implement an accidental discharge or slug discharge control plan.

(h) The plan required in (g), above, shall address, at a minimum, the following:

(1) A description of discharge practices, including non-routine batch discharges;

(2) A description of stored chemicals;

(3) A procedure for immediately notifying the WRBP of any accidental or slug discharge; and

(4) A procedure to prevent an adverse impact from any accidental or slug discharge.

(i) A management plan for addressing (h)(4), above, shall include provisions for the following:

(1) The inspection and maintenance of storage areas;

(2) The handling and transfer of materials;

(3) Loading and unloading operations;

(4) The control of plant site runoff;

(5) Worker training;

(6) The building of containment structures or equipment;

(7) Measures for containing toxic organic pollutants, including solvents;

(8) Measures and equipment for emergency response; and

(9) Such other provisions as the user deems necessary.

(j) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof on the issue of whether the bypass was unavoidable.

(k) Users shall control all discharges to the extent necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of its treatment facility or loss of the primary source of power to the facility until the facility or power thereto is restored or an alternate method of treatment is provided.

(l) A user shall notify the WRBP immediately of any changes at its facility affecting the potential for a slug discharge.

N.H. Code Admin. R. Env-Wq 1205.14

#6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.14 ); ss by #9798-A, eff 10-9-10

Amended by Volume XXXIX Number 16, Filed April 18, 2019, Proposed by #12739, Effective 3/19/2019, Expires 3/19/2029.