§ 28-132. Criteria for significant violation.

An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(1)

Chronic violation of wastewater discharge limits, defined as those in which sixty-six (66) percent 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 sample pollutant parameter.

(2)

An industrial user is in significant violation when it meets one or more of the following criteria:

a.

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent 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 here as those in which thirty-three (33) percent 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 (one and two-tenths (1.2) for all pollutants except pH, BOD, TSS, fats, oil, and grease).

c.

Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the wastewater utility 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 resulted in the wastewater utility exercising its emergency authority to halt or prevent such a discharge.

e.

The discharge or disposal of any unapproved trucked-hauled waste or illegal connection to the wastewater collection system.

(3)

Any other violation of a pretreatment effluent limit that the wastewater utility determines has caused, along or in combination with other discharges, interferences or pass through including endangerment to the utility employees or the general public.

(4)

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the wastewater utility's exercise of its emergency authority to halt or prevent such a discharge.

(5)

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

(6)

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

(7)

Failure to accurately report noncompliance or any other violation or group of violations which the wastewater utility determines will adversely affect the operation or implementation of the local pretreatment program.

(8)

Any other violation(s) which the wastewater utility determines will adversely affect the operation or implementation of the local pretreatment program.

(Code 1967, § 32-89(B); Ord. No. 5301, § 1, 3-20-89; Ord. No. 5502, 7-6-92; Ord. No. 5557, § 7, 10-18-93)