N.J. Admin. Code § 7:14A-21.6 - Bypass

(a) An indirect user may allow any bypass to occur which does not cause pretreatment standards to be violated, but only if such bypass is for essential maintenance to ensure efficient operation. Such bypasses are not subject to (b) and (c) below.

(b) Notice of bypass shall be as follows:

1. If an indirect user knows in advance of the need for a bypass, it shall submit prior notice to the control authority, if possible at least 10 days before the date of the bypass.

2. An indirect user shall inform the control authority by telephone or in person of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time the indirect user becomes aware of the bypass. A written submission shall also be provided within five days of the time the indirect user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; 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 steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The control authority may waive the written report on a case-by-case basis if the information of the bypass by telephone or in person was received within 24 hours of the indirect user's becoming aware of the bypass.

(c) Bypass is prohibited, and the control authority may take enforcement action against an indirect user for a bypass, unless:

1. Bypass was unavoidable 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 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 judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

3. The indirect user notified the control authority as required under (b) above.

(d) The control authority may approve an anticipated bypass, after considering its adverse effects, if the control authority determines that it will meet the conditions in (c)1 through 3 above.

Notes

N.J. Admin. Code § 7:14A-21.6