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Page 37 of46 <br />stormwater management. Ecology may take enforcement action against a Permittee for <br />bypass unless one of the following circumstances (I, 2, 3 or 4) is applicable. <br />1. Bypass of stortnwater is consistent with the design criteria and part of an approved <br />management practice in the applicable stormwater management manual. <br />2. Bypass for essential maintenance without the potential to cause violation of permit <br />limits or conditions. <br />Bypass is authorized if it is for essential maintenance and does not have the potential <br />to cause violations of limitations or other conditions of this permit, or adversely <br />impact public health. <br />3. Bypass of stormwater is unavoidable, unanticipated, and results in noncompliance of <br />this permit. <br />This bypass is permitted only if: <br />a. Bypass is unavoidable tu prevent loss ��f life, personal injury, or severe property <br />damagc. "Severe property damage" mcans substantial physical damage to <br />property, damage to che treatment facilities which �vould cause them to become <br />inoperable, or substantial and permanent loss of natural resources which can <br />reasonably be expected to occur in the absence of a bypass; <br />b. Therc arc no fcasible alternatives to the bypass, such as the use of auxiliary <br />treatment facilitics, retention of untreated wastes, maintenance during normal <br />periods of equipment downtime (but not if adequate backup equipment should <br />have been installed in the excrcise of rcasonable engineering judgment to prevent <br />a bypass which occurred during normal periods of equipment downtime or <br />preventative maintenance), or transport of unueated wastes to another treatment <br />faciliry; and <br />c. Ecology is propedy notificd of the bypass as required in Special Condition SS.F <br />of this permit. <br />4. A planned action that would cause bypass of storm�vater and has the potential to <br />result in noncompliancc of this permit during a storm event. <br />The Pemiittee shall notify Ecology at least thirty (30) days before the planned date of <br />bypass. The notice shall contain: <br />a. a description of the bypass and its cause; <br />b. an analysis of all known alternatives which would eliminate, reduce, or mitigare <br />the need for bypassin�; <br />c. a cost-effectiveness analysis of altematives including compazative resource <br />damage assessment; <br />d. the minimum and maximum dura[ion of bypass under each altemative; <br />c. a rccommendation as to the preferred altemative for conducting che bypass; <br />