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Instances of significant noncompliance (SNC) are industrial user violations which meet one (1) or more of the following criteria:

(A) Violations of Wastewater Discharge Limits.

(1) Chronic violations, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter (except pH) during a six (6) month reporting period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits.

(2) Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month reporting period equal or exceed the product of the numeric permit limit, or pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, FOG, and 1.2 for all other pollutants (except pH)).

(3) Violations of wastewater discharge pH limits, defined here as those in which thirty-three percent (33%) or more of all of the discharge pH measurements taken during a six (6) month reporting period are less than 6.0 or greater than 10.5 standard units;

(4) Any other violation(s) of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director believes has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through; or endangered the health of the POTW personnel or the public.

(5) 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) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone, contained in a wastewater discharge permit or enforcement order, for starting construction, completing construction or attaining final compliance.

(C) Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports and periodic self-monitoring reports, and reports on compliance with compliance schedules.

(D) Failure to accurately report noncompliance.

(E) Any other violation or group of violations, which may include a violation of best management practices that the Director considers to be significant. (Ord. 22-42 § 24, 2022; Ord. 92-22 § 2, 1992.)