A user is defined as being in significant non-compliance when it commits or meets one or more of the following conditions:
(A) Causes imminent endangerment to human health or the environment or results in the exercise of emergency authority;
(B) Involves failure to report noncompliance accurately;
(C) Results in a 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) Results in a Technical Review Criteria (TRC) Violation 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 for BOD, TSS, fats, and O&G and 1.2 for all other pollutants except pH). For pH violations, see the definition in § 52.002;
(E) Any violation of a pretreatment effluent limit that the Pretreatment Coordinator 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) Any discharge causing imminent endangerment to human health/welfare or to the environment or resulting in the Pretreatment Coordinator’s use of his or her emergency authority to halt or prevent such a discharge;
(G) 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 schedule date;
(H) Failure to provide required reports within thirty (30) days of the due date; or
(I) Any violation or group of violations, which may include violation(s) of best management practices, which the Pretreatment Coordinator determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. O-2019-01, passed 1-28-19)