Any violation of pretreatment standards or requirements (limits sampling, analysis, reporting and meeting compliance schedules, and regulatory deadlines) is an instance of noncompliance for which the industrial user is liable for enforcement including penalties. However, the city is required to identify violations or patterns of violations by industrial users that are deemed to be instances of significant noncompliance (SNC). The determination of significant noncompliance shall be used as the basis for reporting same to the regulatory authorities and publishing the list of significant noncompilers as is required of the city by law.
The following is a guideline of criteria, which will be used in determining instances of SNC:
A. Violations of Wastewater Discharge Limits.
1. Chronic Violations. Chronic violations shall be deemed to be present when sixty-six percent of the measurements exceed the daily maximum limit or the average limit for the same parameter in a six-month period.
2. Technical Review Criteria Violations. A technical review criteria (TRC) violation occurs if thirty-three percent of the measurements exceed the same daily maximum limit or the same average limit by more than the TRC in a six-month period. Such violations may be deemed significant noncompliance. TRC is defined as 1.4 times the average or maximum limit for the oil and grease and 1.2 for all other pollutants except pH.
3. Other Effluent Limit Violations. Any other violation(s) of an effluent limit (average or daily maximum) that the city believes has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass through (including adverse effect on any toxicity testing); or endanger the health of treatment plant personnel or the public.
4. Danger to Human Health or Welfare. This category also includes any discharge of a pollutant that has caused imminent endangerment to human health/welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.
B. Violation of Compliance Schedule. Violations of compliance schedule, contained in any order given to the user by the city, including the ECSSA for starting and completing construction, attainment of final compliance by ninety days or more after any scheduled date.
C. Failure to Provide Proper Data. Significant noncompliance will also include failure to provide reports for compliance schedules, self monitoring data or categorical standards (baseline monitoring reports), ninety-day compliance reports, and periodic reports within thirty days from the date such reports or other data are due.
D. Failure to Accurately Report. Significant noncompliance status may also be derived from the failure of the user to accurately and promptly report any noncompliance. Any attempt to circumvent the reporting requirements or otherwise withhold noncompliance data from the city shall give rise to SNC status. (Ord. 01-102 § 2(part), 2001).