The Joint Sewer Authority shall publish annually, in a daily
newspaper of general circulation that provides meaningful public notice
within the jurisdiction served by the POTW, a list of the users which,
at any time during the previous twelve (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 Paragraph
C, D, H or I of this section) and shall mean:
A. Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent (66%) or more of wastewater measurements
taken during a six (6) month period exceed (by any magnitude) a numeric
pretreatment standard or requirement, including instantaneous limits
as defined in Section 2;
B. Technical review criteria (TRC) violations, defined here as those
in which thirty-three percent (33%) or more of wastewater measurements
taken for each pollutant parameter during a six (6) month period equals
or exceeds the product of the numeric pretreatment standard or requirement,
including instantaneous limits, as defined by Section 2, 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 Section 2 (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the Joint Sewer Authority 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 other discharge violation that the Joint Sewer Authority believes
has caused, alone or in combination with other discharges, interference
or pass through, including endangering the health of POTW personnel
or the general public;
E. Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Joint
Sewer Authority's exercise of its emergency authority to halt
or prevent such a discharge;
F. Failure to meet, within ninety (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;
G. Failure to provide within forty-five (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;
H. Failure to accurately report noncompliance; or
I. Any other violations, which may include a violation of BMPs, which
the Joint Sewer Authority determines will adversely affect the operation
or implementation of the local pretreatment program.