(a) Authorized bypass. The permittee may allow any bypass to occur from a TPDES permitted facility which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (b) and (c) of this section.
(b) Notice.
(1) Anticipated bypass. In accordance with the procedures described in Chapter 35 of this title (relating to Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions), if the permittee knows in advance of the need for a bypass, it shall submit prior notice under §35.24 of this title (relating to Application for Emergency or Temporary Order) if possible at least ten days before the date of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in §305.125(9) of thistitle (relating to Standards Permit Conditions (24-hour notice)).
(c) Prohibition of bypass.
(1) Bypass of untreated or partially treated wastewater is prohibited from a TPDES permitted facility, and the commission may take enforcement action against the permittee for bypass, unless all of the following conditions are met: (2) The commission may approve an anticipated bypass in accordance with the procedures described in Chapter 35 of this title (relating to Emergency and Temporary Orders and Permits; Temporary Suspension or Amendment of Permit Conditions), after considering its adverse effects, if the commission determines that it will meet the three conditions listed in paragraph (1) of this subsection. (d) Establishing Limitations, Standards, and Other Conditions in TPDES Permits. (1) Permits for POTWs shall contain technology-based treatment requirements based upon secondary treatment and "best practical waste treatment technology." (2) This paragraph describes the minimum level of effluent quality attainable by POTWs in terms of the parameters of five-day biochemical oxygen demand (BOD[sub]5[/sub]), total suspended solids (TSS), and pH. All requirements shall be achievedexcept as provided for in this subsection. (3) Treatment works shall be eligible for consideration of effluent limitations described for treatment equivalent to secondary treatment, as described in 40 CFR §133.105, if the BOD[sub]5[/sub] and TSS effluent concentrations consistently achievable through proper maintenance and operation of the treatment works exceed the minimum level of the effluent quality set forth in paragraph (2)(A) and (2)(B) of this subsection, a trickling filter or waste stabilization pond is used as the principal process, and the treatment works provide significant biological treatment of municipal wastewater. (4) The minimum TSS effluent quality concentration achievable with waste stabilization ponds may be adjusted in accordance with 40 CFR §133.103(c). (5) The commission is authorized to substituteeither a lower percent removal requirement or a mass loading limit for a percent removal requirement set forth in this subsection provided the permittee satisfactorily demonstrates that:
Source Note: The provisions of this §305.535 adopted to be effective October 8, 1990, 15 TexReg 5492; amended to be effective December 1, 1997, 22 TexReg 11391; amended to be effective December 10, 1998, 23 TexReg 12440.