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 (1.4) for biochemical oxygen demand, total suspended solids, fats, oil, and grease and one and two-tenths (1.2) for all other pollutants except pH).
   (C)   Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the town 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 IAC 5-19-3(l)(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.
   (H)   Any other violation or group of violations that the town determines will adversely affect the operation or implementation of the approved POTW pretreatment program.
(Ord. 9-2010, passed 7-28-10)