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Page 41 There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, e retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (iii) The industrial user submitted notices as required under paragraph C of this section. (2 ) The POTW may approve an anticipated bypass, after considering its adverse effects, if the POTW determines that it will meet the three conditions listed in paragraph D ( 1 ) of this section. SECTION 14 - SURCHARGE COSTS 14 . 1 Qualifications The Batesville Utilities Commission shall charge Industrial Users a surcharge in addition to the normal metered charge for sewer service who discharge wastewater to the Batesville POTW containing: ( 1) Unusual BODS (five-day biochemical oxygen demand in excess of 270 mg/1) ; or (2 ) Unusual Suspended Solids (total suspended solids in excess of 270 mg/1) . Sewer surcharges shall be based on the following formula: S = VWW X 8 . 34 [CBOD (BOD5 - 270 ) ] + [CSS (TSS - 270 ) ] Where: S = Surcharge in dollars for the month VWW = Volume of wastewater discharged during the month, in millions of gallons 8 . 34 = Pounds per gallon of water CBOD = Unit charge for unusual BODS in dollars per pound BOD = Monthly average five-day BODS of IU's wastewater, in mg/l 270 = Concentrations in mg/l above which both BODS and TSS are considered unusual • CSS = Unit charge for unusual suspended solids, in dollars per pound TSS = Monthly average total suspended solids of IU's wastewater, in mg/l