THTMA shall annually publish in the Legal Ads Department of
the local newspaper, a list of the users which were in significant
noncompliance with any pretreatment requirements or standards at any
time during the 12 previous months in accordance with 40 CFR 403.8(f)(2)(vii).
The notification shall also summarize any enforcement actions taken
against the user(s) during the same 12 months. The term "significant
noncompliance" shall be applicable to all significant industrial users
(or any other industrial user that violated Subsections C, D or H
of this section) and shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standards or requirement, including instantaneous limits as defined in §
67A-3;
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by §
67A-3, multiplied by the applicable criteria (1.3 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment standard or requirement as defined by §
67A-3 (daily maximum, long-term average, instantaneous limits, or narrative standard) that the general manager determines has caused, alone, or in combination with other discharges, interference or pass-through, including endangering the health of the POTW personnel or the general public;
D. Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the general
manager's exercise of its emergency authority to halt or prevent
such a discharge;
E. Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge
permit or a general permit or enforcement order for starting construction,
completing construction, or attaining final compliance;
F. Failure to provide within 45 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of best management
practices, which the general manager determines will adversely affect
the operation or implementation of the local pretreatment program.