A. Instances Of Noncompliance: Any violation of pretreatment requirements under this chapter (i.e., including but not limited to those relating to limits, sampling, analyses, reporting, meeting compliance schedules, and regulatory deadlines) is an instance of noncompliance for which the user is liable for enforcement, including penalties and injunctive relief. Instances of significant noncompliance are user violations which meet one or more of the following criteria:
1. Violations of wastewater discharge limits as follows:
a. Chronic Violations: Sixty six percent (66%) or more of the measurements exceed the same daily maximum limit or the same average limit in a six (6) month period (any magnitude of exceedance).
b. Technical Review Criteria (TRC) Violations: Thirty three percent (33%) or more of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period (e.g., limit x TRC = the point at which a violation becomes a TRC violation). There are two (2) groups of TRCs as follow:
Group I for conventional pollutants (BOD, TSS, FOG) TRC = 1.4
Group II for all other pollutants TRC = 1.2
c. Other Violations: Any other violation of a wastewater discharge permit limit (average or daily maximum) that the WRA Director believes has caused, alone or in combination with other discharges, interference, including slug loads, or pass through or which endangers the health of City, WRA or operating contractor personnel or the public.
d. Pollutant Causing Danger To Humans Or Environment: Any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the WRA's exercise of its emergency authority to halt or prevent such a discharge.
2. Violations of compliance schedule milestones, contained in a wastewater discharge permit or enforcement order, for starting construction, completing construction, or attaining final compliance by ninety (90) days or more after the schedule date.
3. Failure to provide reports for compliance schedules, self- monitoring data, or any other report required by the WRA within forty five (45) days from the due date.
4. Failure to accurately report noncompliance.
5. Any other violation or group of violations, which may include a violation of Best Management Practices that the WRA Director considers to be significant.
B. Duties Of The Director: When a user is in significant noncompliance, the WRA Director is directed to:
1. Report the information to the Iowa Department of Natural Resources as part of the annual pretreatment performance summary of permitted user noncompliance.
2. Include the user in the annual public notification according to section 8-3-32 of this chapter.
3. Address significant noncompliance through appropriate enforcement actions or document in a timely manner the reasons for withholding enforcement. (Ord. 1069, 3-14-2019)