2014-378 Planning - J. F. Wilkerson Contracting for Morinaga America Infrastructure Improvements $747,840

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d) A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; , e) The discharge violates the terms or conditions of this general permit; f) Effluent limitations are promulgated for the point sources covered by this general permit; g) A Water Quality Management Plan containing requirements applicable to such point sources is ' approved after the issuance of this general permit. . 7) When an Individual Permit may be Requested-Any permittee operating under this general permit , may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. SECTION IV OPERATION AND MAINTENANCE OF POLLUTION CONTROLS ' 1) Proper Operation and Maintenance-The permittee shall at all times properly operate and maintain all control measures and systems of treatment and control(and related appurtenances)which are ' installed or used by the permittee to achieve compliance with the conditions of this general permit. 2) Need to Halt or Reduce not a Defense-It shall not be a defense for a permittee in an enforcement action that it was necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. ' 3) Bypassing of Stormwater Control Facilities a) Bypass Not Exceeding Limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be ' exceeded,but only if it also is for essential maintenance to assure efficient operation or as part of a planned action specified in the approved Erosion and Sedimentation Control Permit. These bypasses are not subject to the provisions of Paragraphs b.and c.of this section. I b) Notice i) Anticipated bypass-If the permittee knows in advance of the need for a bypass,it shall submit prior notice,if possible at least ten days before the date of the bypass;including an evaluation of the anticipated quality and effect of the bypass. ' ii) Unanticipated bypass-The permittee shall submit notice to the Division contact(See Section VIII.)within 24 hours of the occurrence of an unanticipated bypass. c) Prohibition of Bypass ' Bypass is prohibited and the Director may take enforcement action against a permittee for bypass,unless: i) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; ii) There were no feasible alternatives to the bypass,such as the use of auxiliary control , facilities,retention of stormwater or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls 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 iii) The permittee submitted notices as required under Paragraph b.of this section. ' d) The Director may approve an anticipated bypass,after considering its adverse effects,if the Director determines that it will meet the three conditions listed above in Paragraph c.of this section. 4) Upsets ' a) 'Definition-"Upset"means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to , the extent caused by operational error,improperly designed treatment or control facilities, Page 10 of 16 g '