An industrial user is in significant non-compliance if its violation meets one (1) or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all of 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;
(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product to 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);
(c) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the County Agency 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 human health, welfare or to the environment or has resulted in POTW's exercise of its emergency authority under Article V of this ordinance (40 CFR 403.8 (f) (s) (vi) (b)) to halt or prevent such discharge;
(e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a Wastewater Discharge Permit compliance schedule or conciliation agreement for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within 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;
(g) Failure to accurately report noncompliance;
(h) Any other violation or group of violations which Wayne County determines will adversely affect the operation or implementation of the County's Industrial Pretreatment Program.
