Any violation of pretreatment requirements (i.e., but not limited to: limits, sampling, analysis, reporting, meeting compliance schedules, and regulatory deadlines) is an instance of noncompliance for which the user is liable for enforcement, including penalties and injunctive relief. Instances of SNC are user violations which meet one or more of the following criteria:
1. Violations of wastewater discharge limits.
A. Chronic Violations. Sixty-six percent (66%) or more of the measurements exceed the same daily maximum limit or the same average limit in a 6-month period (any magnitude of excess).
B. Technical Review Criteria (TRC) Violations. Thirty-three percent (33%) or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a 6-month period. (e.g., limit x TRC = the point at which a violation becomes a TRC violation). There are two groups of TRC’s:
Group I for conventional pollutants (BOD, TSS, FOG) TRC = 1.4
Group II for all other pollutants TRC = 1.2
C. Any other violation(s) of a wastewater discharge permit limit (average or daily maximum) that the WRA Director believes has caused, alone or in combination with other discharges, interference (including slug loads) or pass through; or endangered the health of the public or of the personnel of the WRA, or its operating contractor.
D. Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the exercise of emergency authority to halt or prevent such a discharge.
2. Violations of compliance schedule milestones, contained in a wastewater discharge permit or enforcement order, for starting construction, completing construction, or attaining final compliance by ninety (90) days or more after the schedule date.
3. Failure to provide reports for compliance schedules, self-monitoring data, or any other report required by the POTW within forty-five (45) days from the due date.
4. Failure to accurately report noncompliance.
5. Any other violations or group of violations, which may include a violation of Best Management Practices that the WRA Director considers to be significant.
When a user is in SNC, the WRA Director is directed to: (a) report the information to IDNR as part of the annual pretreatment performance summary of permitted user noncompliance; (b) include the user in the annual public notification according to Section 100.35; (c) address SNC through appropriate enforcement actions or document in a timely manner the reasons for withholding enforcement.