(A) The POTW shall publish once per year in the largest newspaper circulated in the village, a list of categorical users that, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards or requirements.
(B) For the purposes of this section, a user shall be considered to be in significant noncompliance if its violations meet one or more of the following criteria:
(1) Chronic violation of discharge limits, defined as results of analyses in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude); a numeric pretreatment standard or requirement, including instantaneous limits as defined in 40 C.F.R. § 403.3(l);
(2) Technical review criteria (TRC) violations, defined as results of analyses in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits as defined in 40 C.F.R. § 403.3(l), times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants, except pH);
(3) Any other violation of a pretreatment effluent limit (instantaneous minimum, instantaneous maximum, daily maximum, or longer-term average, 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 Department personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment, or has resulted in the POTW’s exercise of its emergency authority to halt or prevent the discharge;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a permit or enforcement order, for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide any required reports within 30 days after the due date;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations, which may include a violation of best management practices, that the POTW Manager determines will adversely affect the POTW or the operation or implementation of the POTW’s pretreatment program.
(Ord. 2009-5, passed 7-20-2009) Penalty, see § 53.999