(a) Treatment Upset. Any industrial user which experiences an upset in operations that places it in a temporary state of noncompliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation, shall inform the Chief, I.P.P., thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed by the user within ten (10) days. The report shall contain:
(1) A description of the upset, its cause(s), and the impact on the discharger's compliance status,
(2) The duration of the noncompliance, including exact dates and times of noncompliance and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored,
(3) All steps taken or planned to reduce, eliminate, and prevent recurrence of such an upset.
(b) An industrial user which complies with the notification provisions of this Section in a timely manner shall have an affirmative defense to any enforcement action brought by the Director for any noncompliance with this chapter, or an order or permit issued hereunder by the user, which arises out of violations attributable to and alleged to have occurred during the period of the documented and verified upset.
(c) Treatment Bypasses. A bypass of the treatment system is prohibited unless all of the following conditions are met:
(1) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There was no feasible alternative to the bypass, including the use of auxiliary treatment or retention of the wastewater; and
(3) The industrial user properly notified the Chief, I.P.P., as described in paragraph (d) below.
(d) Industrial users must provide immediate notice to the Chief, I.P.P., upon discovery of an unanticipated bypass. If necessary, the Chief, I.P.P., may require the industrial user to submit a written report explaining the cause(s), nature, and duration of the bypass, and the steps
being taken to prevent its recurrence.
(e) An industrial user may allow a bypass to occur which does not cause pretreatment standards to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial Users anticipating a bypass must submit notice to the Chief, I.P.P., at least ten (10) days in advance. The Chief, I.P.P., may only approve the anticipated bypass if the circumstances satisfy those set forth in paragraph (c) above.