1. (1) The disposal system shall not receive or be committed to receive wastes beyond its design capacity for volume and character of wastes treated without written approval of the regional water engineer. Nor shall the system operation be impaired by alterations to the type, degree, or capacity of treatment provided; disposal of treated effluent; or treatment and disposal of separated scum, liquids, solids or combination thereof resulting from the treatment process without written approval of the department or its duly authorized representative.

2. (2) The permittee shall, at all times, properly operate and maintain all disposal facilities, which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance also includes as a minimum, the following:

   1. (i) a preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. A facility or system is critical if it contains process equipment that is essential for proper operation and necessary to achieve compliance with the applicable SPDES permit effluent limits; and
   2. (ii) written procedures for operation and maintenance, training new operators, adequate laboratory controls and appropriate quality assurance. This provision requires the operation of installed backup or auxiliary facilities or similar systems only when the operation is necessary to achieve compliance with the conditions of the permit.
3. (3) When required under Part 650 of this Title, sufficient personnel meeting qualifications for operators of sewage treatment works as required therein and additional maintenance personnel shall be employed to satisfactorily operate and maintain the treatment works.
4. (4) The permittee shall not discharge floating solids or visible foam.
5. (5) The permittee and operator shall operate the wastewater treatment facility in such a manner as to minimize the discharge of pollutants to a degree that is achievable when compared to standard practices for operation of such wastewater treatment facilities.

6. (6) The permittee and operator shall operate the wastewater treatment facility in such a manner as to minimize odors and other nuisance conditions to a degree that is achievable when compared to standard practices for operation of such wastewater treatment facilities.

   (b) Bypass.

7. (1) Bypass not exceeding limitations. The permittee may allow any bypass to occur that does not cause effluent limitations to be violated, but only if it also is for essential maintenance, repair or replacement to assure efficient and proper operation. These bypasses are not subject to the paragraph (2) of this subdivision, provided that written notice is submitted prior to the bypass in accordance with section 750-2.7(a) of this Subpart (if anticipated) or (if unanticipated) with the discharge monitoring report for the reporting period during which the bypass occurred. Covered under this paragraph is the diversion of wastewater or storm water around any portion of a treatment facility in accordance with a department approved plan for wastewater or storm water management (provided that such plan is in compliance with applicable law and regulation).

8. (2) Prohibition of bypass. Except as provided for in paragraph (1) of this subdivision, bypass is prohibited, and the department may take enforcement action against a permittee for bypass, unless:

   1. (i) bypass was unavoidable to prevent loss of life, personal injury, public health hazard, environmental degradation or severe property damage;
   2. (ii) there were no feasible alternatives to the bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal period of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance or if designed and installed backup equipment that could have prevented or mitigated the impact of the bypass is not operating during the bypass; and

   3. (iii) the permittee submitted notices as required under section 750-2.7 of this Subpart and, excepting emergency conditions, the proposed bypass was accepted by the department.

      (c) Upset.

9. (1) Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such permit effluent limitations if the requirements of paragraph (2) of this subdivision are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.

10. (2) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operation logs, or other relevant evidence that:

    1. (i) an upset occurred and that the permittee can identify the cause(s) of the upset;
    2. (ii) the permitted facility was, at the time, being properly operated;
    3. (iii) the permittee submitted notice of the incident for which an upset defense in being claimed as required in section 750-2.7 of this Subpart; and
    4. (iv) the permittee implemented any mitigation and assessment required under section 750-2.7(f) and (g) of this Subpart.

11. (3) Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

    (d) Special condition- disposal systems with septic tanks.

    Unless otherwise directed by the Regional Water Engineer, if a septic tank is installed as part of the disposal system, it shall be inspected by the permittee or his agent for scum and sludge accumulation at intervals not to exceed one year's duration, and such accumulation will be removed before the depth of either exceeds one-fourth of the liquid depth so that no settleable solids or scum will leave in the septic tank effluent. Such accumulation shall be disposed of in accordance with all applicable law and regulation.

    (e) Residuals management.

    The permittee shall properly store or dispose of collected screenings, sludges, other solids or precipitates removed from the permitted discharges, intakes or supply waters. Proper storage or disposal shall prevent creation of nuisance conditions or the entry of such materials into State waters and shall be in a manner approved by the department. Any live fish, shellfish, or other animals collected or trapped as a result of intake water screening or treatment should be returned to their water body habitat. The permittee shall maintain records of disposal on all effluent screenings, sludges and other solids associated with the discharge(s) herein described. The following data shall be compiled and reported to the department upon request:

12. (1) the sources of the materials to be disposed of;
13. (2) the approximate volumes, weights, water content and (if other than sewage sludge) chemical composition;
14. (3) the method by which they were removed and transported, including the name and permit number of the waste transporter; and

15. (4) their final disposal locations.

    (f) Biosolids reuse.

    Permittees shall make reasonable efforts, to the extent practical, reuse biosolids.

    (g) POSS operation requirements.

    Owners and operators of POSSs must properly operate and maintain the POSS. Proper operation and maintenance includes at a minimum, the following:

16. (1) a preventive/corrective maintenance program for all critical components of the collection system that includes provisions requiring the maintenance of installed backup or auxiliary components or similar systems when the proper operation of such component or system is essential for preventing discharges of untreated or partially treated sewage; and
17. (2) written procedures for operation and maintenance of the POSS and training new operators.

(a) General.