The number of violations resulting from a user’s noncompliance with applicable discharge prohibitions or effluent limitations shall be determined as follows.
(A) Applicable concentration limitations and mass (or loading) limitations shall be treated as separate limitations, and a user may be liable and penalized separately for exceeding any of those limitations for a single pollutant or sampling parameter.
(B) Each violation of a daily maximum limit for a single pollutant or sampling parameter shall constitute a separate violation for each day on which the violation occurs or continues.
(C) Each violation of an instantaneous minimum or instantaneous maximum limit for a single pollutant or sampling parameter shall constitute a separate violation for each such occurrence, and there may be multiple violations for each day on which such a violation occurs or continues.
(D) Each violation of a monthly average limit (or of some other average limit period) for a single pollutant or sampling parameter shall constitute a separate violation for each day of the month (or other stated period) during which the violation occurred, regardless of the number of days on which samples were actually taken. (For example, in a month with 31 days, a violation of the monthly average limit for that month constitutes 31 violations for each pollutant parameter for which the monthly average limit was exceeded during the month.)
(E) Except with regard to violations of average limits as provided by division (D) above, a violation will be deemed to have continued to occur each day beginning with the first day the violation occurred to the day the user is able to demonstrate through appropriate sampling results that the violation is no longer occurring.
(F) If, for any period, a user has violated both a daily maximum limit and an average limit for a particular pollutant parameter, then the total number of violations is the sum of the days on which the daily maximum limit was violated plus the number of days in the averaging period.
(G) If a user permit regulates more than one outfall, each outfall shall be considered separately in computing the number of violations as provided by this section.
(H) If a user is discharging a waste stream that is required to be monitored and analyzed under continuous monitoring procedures (such as for pH or any other parameter that is required to be monitored and analyzed under continuous monitoring), then all of the following shall apply.
(1) If at any time during a daily 24-hour period the continuous monitoring shows that the monitored parameter exceeded the instantaneous minimum, instantaneous maximum, or daily maximum limit for that parameter, then a violation has occurred.
(2) If during a daily 24-hour period under continuous monitoring the monitored parameter exceeds the instantaneous minimum, instantaneous maximum, or daily maximum limit more than once after returning to compliance during that period, then each such exceedance shall be considered a separate violation.
(3) If during a daily 24-hour period under continuous monitoring the monitored parameter exceeds the instantaneous minimum, instantaneous maximum, or daily limit into the next daily 24-hour period (i.e., the exceedance occurs both before and after midnight), then the exceedance will be considered a separate violation on both days.
(4) If during a daily 24-hour period under continuous monitoring the monitored parameter exceeds instantaneous minimum, instantaneous maximum, or the daily limit for more than 66% of the 24 hours, as determined in minutes of the day, and, in the opinion of the Superintendent, has impacted WWTP processes or the collection system, then the user will be considered to be in significant noncompliance.
(I) One violation occurs on: each day that a report is late; and each day after an action required to be completed is not completed.
(Ord. 2009-5, passed 7-20-2009) Penalty, see § 53.999