(A) The Superintendent shall publish at least annually, in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdictions(s) served by the POTW of any industrial user which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other user that violates paragraphs (B)(3), (4) or (8) of this section).
(B) The term SIGNIFICANT NONCOMPLIANCE shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter during a wastewater measurements taken during a six-month period equal or exceed (by any magnitude) the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) and local limits as defined in § 52.067; the daily maximum limit or 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 all the measurements taken for the same pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW 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;
(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent'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 a wastewater discharge permit or en- forcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within 45 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 noncom- pliance; or
(8) Any other violation(s) which the Superintendent determines will adversely affect the operations or implementation of the local pretreatment program.
(Ord. 93-5, passed 2-15-93; Am. Ord. 2015-22, passed 10-5-15)