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Permit No. NCG020000 <br /> c. Notice <br /> (I) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall <br /> submit prior notice, if possible at least ten days before the date of the bypass; including <br /> an evaluation of the anticipated quality and affect of the bypass. <br /> (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as <br /> required in Part II, E. 5. of this general permit. (24-hour notice): <br /> d. Prohibition of Bypass <br /> (I) Bypass is prohibited and the Director may take enforcement action against a permittee <br /> for bypass, unless: <br /> (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property <br /> damage; <br /> (b) There were no feasible alternatives to the bypass, such as the use of auxiliary control <br /> facilities, retention of stormwater or maintenance during normal periods of <br /> equipment downtime or dry weather. This condition is not satisfied if adequate <br /> backup controls should have been installed in the exercise of reasonable <br /> engineering judgment to prevent a bypass which occurred during normal periods <br /> of equipment downtime or preventive maintenance; and <br /> (c) The permittee submitted notices as required under Paragraph c. of this section. <br /> (2) The Director may approve an anticipated bypass, after considering its adverse effects, if <br /> the Director determines that it will meet the three conditions listed above in Paragraph <br /> d. (I) of this section. <br /> • <br /> 4. Upsets <br /> a. Definition. <br /> "Upset " means an exceptional incident in which there is unintentional and temporary <br /> noncompliance with technology based permit effluent limitations because of factors <br /> beyond the reasonable control of the permittee. An upset does not include noncompliance <br /> to the extent caused by operational error, improperly designed treatment or control <br /> facilities, inadequate treatment or control facilities, lack of preventive maintenance, or <br /> careless or improper operation. <br /> b. Effect of an upset. <br /> An upset constitutes an affirmative defense to an action brought for noncompliance with <br /> technology based permit effluent limitations if the requirements of paragraph c. of this <br /> condition are met. No determination made during administrative review of claims that <br /> noncompliance was caused by upset, and before an action for noncompliance, is final <br /> administrative action subject to judicial review. <br /> c. Conditions necessary for a demonstration of upset. <br /> Page 18 of 24 Pages <br />