The Board shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
(A) Chronic violation 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 six-month period exceed (by any magnitude) a numeric pretreatment standard or requirements, including instantaneous limits as defined in § 51.063;
(B) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each 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 § 51.063 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(C) Any other violation of a pretreatment standard or requirement as defined by § 51.063 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Board 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;
(D) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Board's exercise of its emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(F) Failure to provide within 30 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;
(G) Failure to accurately report noncompliance; or
(H) Any other violation(s) which may include a violation of a best management practice, which the Board determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 35-C-92, passed 11-10-92; Am. Ord. 19-C-12, passed 10-30-12; Am. Ord. 23-C-17, passed 11-28-17)