§ 50.88 ENFORCEMENT RESPONSE PROCEDURE.

   The following conditions represent significant noncompliance by industrial and commercial users and shall subject such noncomplying industrial and commercial user to enforcement procedures initiated by the town, including but not limited to closure of operations as authorized by state statute, §§ 50.01 through 50.43 and these rules.

   (A)   Chronic violations. User has exceeded pollutant measurement standards on 66% or more of user reports submitted and/or test samples taken during any six-month period.

   (B)   Permit violations. Any violation of permit limitations which, either of its own or in combination with discharges from other users causes interference with the sewage treatment system, causes pass through in the sewage treatment system in violation of 40 CFR 403, or endangers the health of sewage treatment personnel or the public at large.

   (C)   Hazardous discharge. Any pollutant discharge contrary to the sewage treatment ordinance, these rules, or 40 CFR, which creates an imminent danger to health, welfare or the environment.

   (D)   Failure to meet compliance schedules. Failure to meet compliance schedule milestones established in either a modified discharge permit or enforcement order.

   (E)   Delinquent reporting. Failure to submit reports required under 40 CFR 403, state statutes, local ordinance or these rules within ten days from the due date.

   (F)   Failure to accurately report noncompliance.

      (1)   Violations of maximum or average pollutant limitation for industry specific categories. Otherwise known as categorical standards as defined in 40 CFR.

      (2)   Violations of prohibited discharges under the national pretreatment standards (40 CFR 403.2).

      (3)   Violations of local limits outlined in §§ 50.01 through 50.43 or in these general rules and regulations.

   (G)   Violation of any pollutant limit by the Technical Review Criteria (TRC) Factor and defined in state, local or federal regulations.

      Nonconventional pollutants TRC factor = 1.2

      Conventional pollutants TRC factor = 1.4 (C.O.D., B.O.D., P, NH3, and TSS are

      exempted, except where specifically regulated by local, state or federal regulations).

   (H)   Falsification of information. Falsification of or withholding of information submitted to the Fort

Wayne Water Pollution Control Utility by any industrial or commercial user.

(Ord., passed 10-4-88)