13.13.802 Notification of violation.
Whenever the POTW finds that any user has (1) exceeded the maximum cap parameter as outlined in 13.13.205, or (2) violated or is violating its wastewater discharge permit, or any prohibition, limitation or requirement contained therein, or (3) violated any provision of this Chapter. The POTW shall serve upon such user a written notice stating the nature of the violation, which may include a cease and desist order. Also, within the time specified in the notice, a plan for the satisfactory correction of the violation shall be submitted to the POTW by the user. An industrial user is in significant noncompliance (SNC) if its violation meets one or more of the following criteria:
1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
2. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH).
3. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Control 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).
4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare, or to the environment, or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge.
5. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order 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, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
7. Failure to accurately report noncompliance.
8. Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.