(A) Missing material.
(B) Apparent good faith of responsible industrial user personnel.
(1) If industrial user personnel appear to be attempting in good faith to comply with pretreatment requirements, town enforcement actions will obviously be on a more cooperative level than if industrial user personnel do not appear to be attempting to comply.
(2) (a) Town personnel are aware that the Clean Water Act requires extraordinary efforts to comply with its requirements in a timely way. Good faith will be measured against this standard. Congress clearly expresses the efforts that are expected.
(b) The Act requires industry to take extraordinary efforts if the vital and ambitious goals of the Congress are to be met. This means that business-as-usual is not enough. Prompt, vigorous and, in many cases, expensive pollution control measures must be initiated and completed as promptly as possible. In assessing the good faith of a discharger, the discharger is to be judged against these criteria. Moreover, it is an established principle, which applies to this act, that administrative and judicial reviews are sought on the discharger’s own time.
(C) Definition of “significant noncompliance.” For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SIGNIFICANT NONCOMPLIANCE. The status of an industrial user that has caused or allowed a violation that meets one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all of the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter;
(b) Technical review criteria (TRC) violations, defined as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC equals one and four-tenths for biochemical oxygen demand, total suspended solids, fats, oil and grease and one and two-tenths for all other pollutants except pH);
(c) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Control Authority 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 human health, welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority under 327 I.A.C. 5-19-3(1)(G) to halt or prevent such a discharge;
(e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;
(f) Failure to provide, within 30 days after the due date, required reports such as:
1. Baseline monitoring reports;
2. Ninety-day compliance reports;
3. Periodic self-monitoring reports; and
4. Reports on compliance with compliance schedules.
(g) Failure to accurately report noncompliance; and
(h) Any other violation or group of violations that the Control Authority determines will adversely affect the operation or implementation of the approved POTW pretreatment program.
(D) The harm caused by the violation. Violations are evaluated to determine the suspected or measured adverse environmental impact and rated accordingly.
(Ord. 11, 2009, passed 12-15-2009) Penalty, see § 53.99
Editor’s note:
See the legislative history of the Clean Water Act, No. 95-14, Vol.3, p. 463.