§ 8-2. Bypass prohibited.

(a) "Severe property damage" defined.

(1) "Severe property damage" means:

(i) substantial physical damage to property;

(ii) damage to treatment facilities which causes them to become inoperable; or

(iii) substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.

(2) "Severe property damage" does not include economic loss caused by delays in production.

(b) Bypasses prohibited

Bypasses are prohibited.

(c) Exceptions.

(1) The Director may take enforcement action against an industrial user for a bypass unless:

(i) the 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 treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and

(iii) the industrial user submitted notices as required under this subtitle.

(2) The condition in paragraph (1)(ii) of this subsection is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance.

(3) The Director may approve an anticipated bypass after considering its adverse effects, if the Director determines that it will meet the 3 conditions listed in paragraph (1) of this subsection.