(a) When permitted. An anticipated bypass is permitted if the Director determines that the criteria set forth in this section will be met. A bypass is permitted if it does not violate this subtitle and it is for essential maintenance to ensure efficient operation of a treatment plant.
(b) When prohibited. A bypass is prohibited unless necessary to prevent a loss of life, personal injury, or severe property damage and a feasible alternative to a bypass, excluding inadequate back-up equipment that should have been installed or maintained, is not available. A bypass is also prohibited unless an industrial user:
(1) notifies the Director as soon as the user is aware of the need for a bypass;
(2) notifies the Director orally no later than 24 hours after the user is aware of an unanticipated bypass and, unless waived by the Director within five days after oral notification is given, submits a written report that contains a description of the bypass and its cause, the duration of the bypass including exact dates and times, if correction has not occurred, the anticipated time the bypass is expected to continue, and the steps taken or phases planned to reduce, eliminate, or prevent a recurrence of the bypass.
(1985 Code, Art. 25, § 25-5-517) (Bill No. 94-92; Bill No. 63-04)