A user is defined as being in significant non-compliance when it commits or meets 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). For pH violations, see the definition in § 53.002;
(E) Any violation of a pretreatment effluent limit that the POTW Director/General Manager 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 POTW Director/General Manager's use of his or her 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; or
(I) Any violation or group of violations, which may include violation(s) of best management practices, which the POTW Director/General Manager determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 16-10, passed 11-21-2016; Ord. 21-03, passed 4-19-2021; Ord. 22-05, passed 3-21-2022)