Town of Selbyville, DE Publication of List of Users in Significant Noncompliance

The Superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s) served by the Town's POTW, a list of the users that, during the previous 12 months, were in significant noncompliance with applicable pretreatment requirements. The term "significant noncompliance" shall mean a violation by a significant industrial user which meets one or more of the following criteria or a violation by any industrial user which meets the criteria in Subsection C, D or H of this section:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, for the same pollutant parameter by any amount;

Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for the same pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, multiplied by the applicable criteria (1.4 for BOD, TKN, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other discharge violation that the Superintendent 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;

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge;

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;

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;

Failure to accurately report noncompliance; or

Any other violation(s), including a violation of best management practices, which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.