As per 40 CFR 403.8(f)(2)(viii)(a-h) the Director shall publish annually, in a newspaper of general circulation in Portage County Ohio that provides meaningful public notice within the jurisdictions served by the POTW, a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates paragraphs (c), (d) or (h) of this Section) and shall mean:
(a) Chronic violations of Wastewater Discharge limits, defined here as those in which sixty six percent (66%) or more of all the measurements taken for the same Pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or requirement, including Instantaneous Limits as defined in Section 915.07 through 915.14 shall be applicable to any permitted monitoring point for a SIU;
(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty three percent (33%) or more of Wastewater measurements taken for each Pollutant parameter during a six (6) month period equals or exceeds the product of the numeric Pretreatment Standard or requirement including Instantaneous Limits, as defined by Section 915.07 through 915.14 multiplied by the applicable criteria (1.4 for BOD, TSS, FOG and 1.2 for all other Pollutants except pH) shall be applicable to any permitted monitoring point for a SIU;
(c) Any other violation of a Pretreatment Standard or requirement as defined by Section 915.07 through 915.14 (Daily Maximum, long term average, Instantaneous Limit, or narrative standard) that the Director 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 a Pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Director's exercise of his/her emergency authority to halt or prevent such a Discharge;
(e) Failure to meet, within ninety (90) days of the scheduled date, a Compliance Schedule milestone contained in an WDP or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide within forty five (45) days after the due date, any required reports, including BMR, reports on compliance with Categorical Pretreatment Standard deadlines, periodic self monitoring reports, and reports on the status of Compliance Schedules;
(g) Failure to accurately report noncompliance; or
(h) Any other violation(s), which may include a violation of BMP's or WMP's, which the Director determines will adversely affect the operation of the POTW and/or implementation of the local Pretreatment program.
(Ord. 2015-81. Passed 4-15-15.)