An unanticipated bypass must be reported to the secretary as soon as possible, but no later than 24 hours after the permittee first became aware of the circumstances. A written submission must also be provided within five days after the permittee becomes aware of the unanticipated bypass. The written submission shall contain:

1. (1) A description of the bypass and its cause;
2. (2) The period of bypass, including exact dates and times;
3. (3) The estimated time the bypass is expected to continue if it has not been corrected; and

4. (4) Steps taken or planned to reduce, eliminate, and prevent recurrence of a bypass.

   The secretary may waive the written report on a case-by-case basis if the oral report was received within 24 hours.

Source: 19 SDR 122, effective February 21, 1993; transferred from § 74:03:19:08.01, July 1, 1996.

General Authority: SDCL 34A-2-30.

Law Implemented: SDCL 34A-2-39 to 34A-2-42 , 34A-2-44.