A user is defined as being in significant non-compliance for one or more of the following:
(A) Any discharge causing imminent danger to human health or the environment or resulting in the exercise of emergency authority under 40 CFR 403 to halt or prevent such a discharge;
(B) Failure to report non- compliance accurately;
(C) Chronic violation defined here as sixty-six percent (66%) or more of all measurements taken during a six (6) month period that exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(D) Violation of a technical review criteria (TRC) defined here as thirty-three percent (33%) or more of all measurements for each pollutant parameter taken during a six (6) month period that equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 BOD, TSS, Fats, Oil and Grease, and 1.2 for all other pollutants except pH);
(E) Violation of a pretreatment effluent limit that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through or has endangered the health of the POTW personnel or the public;
(F) Violations of compliance schedule milestones, failure to comply with schedule milestones for starting or completing construction or attaining final compliance by ninety (90) days or more after the scheduled date;
(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 Pretreatment Coordinator determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 2024-1867, passed 7-11-24)