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Groundwater VOC and Fuel General Permit ORDER NO.R2-2012-0012 <br /> NPDES NO.CAG912002 <br /> a. Bypass was unavoidable to prevent loss of life,personal injury, or severe property <br /> damage(40 CFR § 122.41(m)(4)(i)(A)); <br /> b. There were no feasible alternatives to the bypass, such as turning off the extraction wells <br /> pump(s), discharge to a POTW,retention of untreated wastes, maintenance during <br /> normal periods of equipment downtime, or the use of auxiliary treatxnent facilities. This <br /> condition is not satisfied if adequate back-up equipment should have been installed in the <br /> exercise of reasonable engineering judgment to prevent a bypass that occurred during <br /> normal periods of equipment downtime or preventive maintenance(40 CFR § <br /> 122.41(m)(4)(i)(B)); and <br /> c. The Discharger submitted notice to the Regional Water Board as required under Standard <br /> Provisions—Permit Compliance I.G.S below. (40 CFR§ 122.41(m)(4)(i)(C).) <br /> 4. The Regional Water Board may not take enforcement action against a Discharger for bypass, <br /> if the Regional Water Board deterxnines that the three conditions listed in Standard <br /> Provisions—Permit Compliance I.G.3 above have been met. (40 CFR§ 122.41(m)(4)(ii).) <br /> 5. Notice <br /> a. Anticipated bypass of uncontaminated extracted groundwater. If the Discharger knows <br /> in advance of the need for a bypass of uncontaminated extracted groundwater, it shall <br /> submit the necessary information in the initial or modified Notice of Intent, if possible at <br /> least 45 days before the date of the bypass. The necessary information includes but not <br /> limited to the name and number of extraction wells, flow rates for each well, the distance <br /> to other contaminated wells,and monitoring data such as turbidity, color, conductivity, <br /> pH, temperature, metals,TPH,VOC, SVOC, PAHs, Oxygenates. <br /> b. Unanticipated bypass. The Discharger shall submit notice of an unanticipated bypass as <br /> required in Standard Provisions -Reporting V.E below(24-hour notice). (40 CFR § <br /> 122.41(m)(3)(ii).) <br /> H. Upset <br /> Upset means an exceptional incident in which there is unintentional and temporary <br /> noncompliance with technology based permit effluent limitations because of factors beyond the <br /> reasonable control of the Discharger. An upset does not include noncompliance to the extent <br /> caused by operational error, improperly designed treatment facilities, inadequate treatment <br /> facilities, lack of preventive maintenance, or careless or improper operation. (40 CFR § <br /> 122.41(n)(1).) <br /> 1. Effect of an upset. An upset constitutes an affirmative defense to an action brought for <br /> noncompliance with such technology based permit effluent limitations if the requirements of <br /> Standard Provisions—Permit Compliance I.H.2 below are met. No determination made <br /> during administrative review of claims that noncompliance was caused by upset, and before <br /> an action for noncompliance, is final administrative action subject to judicial review. (40 <br /> CFR§ 122.41(n)(2)). <br /> Attachment D—Standard Conditions D-4 <br />