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PERMITTEE: Indian River (,,, .:arty Utilities <br /> 1840 25th Street PERMIT �r UMBER: FL0041637 <br /> Vero Beach, FL 32960 EXPIRATION DATE: July 22, 2004 <br /> IRCIJD/WestRegional WWTF <br /> 21 . The permittee shall report all instances of noncompliance not reported under permit Conditions IX. 18 . <br /> and 19, of this permit at the time monitoring reports are submitted. This report shall contain the same <br /> information required by Permit Condition 1X. 20 of this permit. [62-620. 610(21), 12-24_96] <br /> 22. Bypass Provisions. , <br /> a- Bypass is prohibited, and the Department may take enforcement action against a permittee for <br /> bypass, unless the permittee affirmatively demonstrates that: <br /> 1 . Bypass was unavoidable to prevent loss of life, personal <br /> and injury, or severe property damage; <br /> 2. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment <br /> facilities, retention of untreated wastes, or maintenance during normal periods of equipment <br /> downtime. This condition is not satisfied if adequate back-up equipment should have been <br /> installed in the exercise of reasonable engineering judgment to prevent a bypass which <br /> occurred during normal periods of equipment downtime or preventive maintenance; and <br /> 3 . The permittee submitted notices as required under permit Condition DC 22. b, of this permit. <br /> b. If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the <br /> Department, if possible at least 10 days before the date of the bypass. The permittee shall submit <br /> notice of an unanticipated bypass within 24 hours of learning about the bypass as required in <br /> Permit Condition IX. 20. of this permit. A notice shall include a description of the bt been <br /> and its <br /> cause; the period of the bypass, including exact dates and times; if the bypass has noe <br /> corrected, the anticipated time it is expected to continue; and the steps taken or planned a reduce, <br /> eliminate, and prevent recurrence of the bypass. <br /> c. The Department shall approve an anticipated bypass, after considering its adverse effect, if the <br /> permittee demonstrates that it will meet the three conditions listed in Permit Condition 1X. 22. a. 1 . <br /> through 3 , of this permit. <br /> d. A permittee may allow any bypass to occur which does not cause reclaimed water or effluent <br /> limitations to be exceeded if it is for essential maintenance to assure efficient operation. These <br /> bypasses are not subject to the provisions of Permit Condition IX. 22. a, through c. of this permit. <br /> [62420. 610(22), 124446] <br /> 23 . Upset Provisions <br /> a. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through <br /> properly signed contemporaneous operating logs, or other relevant evidence that: <br /> 1 . An upset occurred and that the permittee can identify the cause(s) of the upset; <br /> 2 . The permitted facility was at the time being properly operated; <br /> 3 . The permittee submitted notice of the upset as required in Permit Condition IX. 20 . of this <br /> permit; and <br /> 4 . The permittee complied with any remedial measures required under Permit Condition IX. 5 . of <br /> this permit. <br /> rj <br /> 27 D.E.P. - ORLANDO <br /> EX WBIT NO, 2 <br />