Town of Clarence, NY Article IX Significant Noncompliance

§ 177-49 Publication of users in significant noncompliance.

A. The Town Engineer shall publish annually, in the largest daily newspaper delivered in the municipality where the sanitary sewer facilities is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.

B. The term "significant noncompliance" shall mean:

(1) 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 the daily maximum limit or average limit for the same pollutant parameter by any amount;

(2) 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 daily maximum limit or the average limit multiplied by the applicable criteria [1.4 for BOD, TSS (unless approved as surchargeable by the Town Engineer), fats, oils and grease, and 1.2 for all other pollutants except pH];

(3) Any other discharge violation that the Town Engineer believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of sanitary sewer facilities personnel or the general public;

(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the Town Engineer's exercise of his emergency authority to halt or prevent such a discharge;

(5) 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;

(6) 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;

(7) Failure to accurately report noncompliance; or

(8) Any other violation(s), which the Town Engineer determines, will adversely affect the operation or implementation of the local pretreatment program.