An industrial user is defined as being in significant non compliance when it commits one or more of the following conditions:
(A) Causes imminent endangerment to human health or the environment or results in the exercise of emergency authority;
(B) Involves failure to report noncompliance accurately;
(C) Results in a chronic violation defined here as 66% or more of all measurements taken during a six-month period that exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
(D) Results in a Technical Review Criteria (TRC) Violation defined here as 33% or more of all measurements for each pollutant parameter taken during a six-month period that equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, and O&G and 1.2 for all other pollutants except pH).
(E) Any violation of a pretreatment effluent limit that the City Engineer/Pretreatment Coordinator determines has caused, alone or in combination with other discharges, interference or pass through or has endangered the health of the POTW personnel or the public.
(F) Any discharge causing imminent endangerment to human health/welfare or to the environment or resulting in the City Engineer’s/Pretreatment Coordinator’s use of its emergency authority to halt or prevent such a discharge.
(G) Violations of compliance schedule milestones, failure to comply with schedule milestones for starting or completing construction or attaining final compliance by 90 days or more after the schedule date.
(H) Failure to provide required reports within 30 days of the due date.
(I) Any violation or group of violations, which may include a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
(J) The city has received authority through the U.S. EPA and state statutes to enforce the requirements of 40 CFR Subchapter N, 40 CFR 403, and 40 CFR 35. All users shall comply with the requirements of those regulations.
(Ord. 477, passed 7-24-91; Am. Ord. B2011-14, passed 8-23-11) Penalty, see § 53.999