The POTW-TP shall publish annually, in a newspaper of general
circulation that provides meaningful public notice within the jurisdictions
served by the POTW, a list of the users which, at any time during
the previous 12 months, were in significant noncompliance with applicable
pretreatment standards and requirements. The term "significant noncompliance"
shall be applicable to all significant industrial users (or any other
industrial user that violates 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 standard or requirement, including instantaneous limits as defined in Article
II of this Part
1;
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 Article
II of this Part
1 multiplied by the applicable criteria (1.4 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 Article
II of this Part
1 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW-TP 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 caused imminent endangerment
to the public or to the environment, or has resulted in the POTW-TP'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 a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F. Failure to provide within 30 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 POTW-TP determines will adversely affect the
operation or implementation of the local pretreatment program.