925.321 SIGNIFICANT NONCOMPLIANCE DEFINITION.
   (a)   Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant, or any instantaneous limit. Applicable to all user permitted monitoring points.
   (b)   Technical Review Criteria (TRC) violations, defined here as those in which thirty- three percent or more of all the measurements for each pollutant taken during a six-month period 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, oil and grease, and 1.2 for all other pollutants except pH). Applicable to all user permitted monitoring points.
(Ord. 09-62-12. Passed 9-4-12.)
   (c)   Any other violation of pretreatment effluent limit (daily maximum or long term average) that the Director/Superintendent determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).
   (d)   Any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW’s exercise of emergency authority to halt or prevent such a discharge.
   (e)   Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining a final compliance.
   (f)   Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety day compliance reports, periodic self monitoring reports, and reports on compliance with compliance schedules.
   (g)   Failure to accurately report noncompliance.
   (h)   Any other violation or group of violations which the Director/Superintendent determines will or has adversely affected the operation or implementation of the City’s pretreatment program.
(Ord. 12-52-2005. Passed 12-6-05.)