(A) The town may publish annually in the largest daily newspaper published in the municipality where the wastewater treatment system is located a list of users or customers which, during the past 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
(B) The term
SIGNIFICANT NONCOMPLIANCE
shall mean:
(1) Chronic violations of wastewater limits, defined as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or the average limit for the same pollutant parameter by any amount;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily limit or the average limit multiplied by the applicable criteria: 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except for pH;
(3) Any other discharge violation that the town believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of town personnel or the general public);
(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the town's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet within 90 days of the scheduled date a compliance schedule milestone contained in the industrial wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within 30 days after the due date any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s) which the town determines will adversely affect the operation or implementation of this chapter.
(Ord. 99-04, passed 2-16-99)