Storm Water Pollution Prevention Plan (SWPPP) - the City of Lompoc!

Order2. There were no feasible alternatives to bypass, such as the use ofauxiliary treatment facilities, retention of untreated waste, ormaintenance during normal periods of equipment downtime. Thiscondition is not satisfied if adequate back-up equipment should havebeen installed in the exercise of reasonable engineering judgment toprevent a bypass that could occur during normal periods of equipmentdowntime or preventative maintenance;3. The discharger submitted a notice at least ten days in advance of theneed for a bypass to the Regional Water Board; or4. The discharger may allow a bypass to occur that does not causeeffluent limitations to be exceeded, but only if it is for essentialmaintenance to assure efficient operation. In such a case, the abovebypass conditions are not applicable. The discharger shall submitnotice of an unanticipated bypass as required.M. Upset1. A discharger that wishes to establish the affirmative defense of anupset 10 in an action brought for noncompliance shall demonstrate,through properly signed, contemporaneous operating logs, or otherrelevant evidence that:a. An upset occurred and that the discharger can identify the cause(s)of the upsetb. The treatment facility was being properly operated by the time ofthe upsetc. The discharger submitted notice of the upset as required; andd. The discharger complied with any remedial measures required2. No determination made before an action of noncompliance occurs,such as during administrative review of claims that noncompliance wascaused by an upset, is final administrative action subject to judicialreview.3. In any enforcement proceeding, the discharger seeking to establish theoccurrence of an upset has the burden of proof10 An exceptional incident in which there is unintentional and temporary noncompliance the technologybased numeric effluent limitations because of factors beyond the reasonable control of the discharger. Anupset does not include noncompliance to the extent caused by operational error, improperly designedtreatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improperoperation.2009-0009-DWQ 26 September 02, 2009