1. (a) Bypass is prohibited, and the department may take enforcement action against a permittee for any bypass, unless

   1. (1) that bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
   2. (2) there were no feasible alternatives to the bypass, including use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; however, this condition is not satisfied if the permittee, in the exercise of reasonable engineering judgment, should have installed adequate back-up equipment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance; and

   3. (3) the permittee provides notice to the department of a bypass event in the following manner, as appropriate:

      1. (A) for an anticipated bypass, the permittee submits notice at least ten days before the date of the bypass; the department may approve an anticipated bypass, after considering its adverse effects, if the department determines that it will meet the conditions of (a)(1) and (2) of this section;
      2. (B) for an unanticipated bypass, the permittee submits 24-hour notice as required in 18 AAC 83.410(f).

2. (b) Notwithstanding (a) of this section, a permittee may allow a bypass that

   1. (1) does not cause an effluent limitation to be exceeded; and
   2. (2) is for essential maintenance to assure efficient operation.

(Eff. 7/29/2006, Register 179)

Authority: AS 44.46.020, AS 46.03.020, AS 46.03.100, AS 46.03.010, AS 46.03.050, AS 46.03.110