Section 33-16-01.1-18 - Bypass1. An industrial user may allow any bypass to occur which does not cause pretreatment standards or pretreatment requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. Such bypasses are not subject to subsections 2 and 3.2. The industrial user shall provide notification to the control authority of a bypass under the following circumstances:a. If the user knows in advance of the need for a bypass, prior notice shall be submitted, at least ten days before the date of the bypass, if possible.b. The user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four hours from the time the user becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware 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 twenty-four hours.c. The written submission shall contain the following items: (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) The steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass.3. Bypasses are prohibited unless the following conditions are met. The control authority may approve an anticipated bypass, if the following conditions are met: a. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;b. There were no feasible alternatives to the bypass. This condition is not satisfied if adequate backup equipment was not installed to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; andc. The user submitted the notification required in subsection 2.4. 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 subsection 3.N.D. Admin Code 33-16-01.1-18
Effective October 1, 2002.Amended by Administrative Rules Supplement 370, October 2018, effective 10/1/2018.General Authority: NDCC 61-28-04, 61-28-05
Law Implemented: NDCC 61-28-04