(A) Bypass is prohibited, and the Director may take enforcement action against a discharger for a bypass, unless; bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; there were no 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 judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and the discharger submitted notices as required under § 52.14 of this subchapter.
(B) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determined that it will meet the 3 conditions listed in division (A) of this section.
(1981 Code, § 52.15) (Ord. 6586-93, passed 1-10-1994)