A user is defined as being in significant non-compliance when it meets one or more of the following criteria:
(A) Chronic violations of wastewater discharge limits, defined herein as when sixty-six percent (66%) or more of all measurements for a pollutant parameter taken during a six (6) 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 herein as those in which thirty-three percent (33%) or more of all measurements for a pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, and oil and grease, and equals 1.2 for all other pollutants except pH);
(C) Any 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 the 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 use of its emergency authority under 40 CFR 403 to halt or prevent such a discharge;
(E) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in an industrial user permit or enforcement order for starting or completing construction or attaining final compliance;
(F) Failure to report noncompliance accurately;
(G) Failure to provide required reports within thirty (30) days of the due date; and
(H) Any violation or group of violations which may include a violation of Best Management Practices, which the MUPB determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 14:95, passed 5-25-95; Am. Ord. 5:96, passed 3-12-96; Am. Ord. 02:2012, passed 1-25-12)