The Borough may publish annually, in the largest
daily newspaper published in the municipality where the POTW is located,
a list of the users which, during the previous 12 months, were in
significant noncompliance with applicable pretreatment standards and
requirements. The term significant noncompliance shall mean:
A. 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;
B. 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, fats, oils, and grease,
and 1.2 for all other pollutants except pH);
C. Any other discharge violation that the Borough 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;
D. Any discharge of pollutants that has caused imminent
endangerment to the public or to the environment, or has resulted
in the Borough exercising its emergency authority to halt or prevent
such discharge;
E. 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;
F. 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;
G. Failure to accurately report noncompliance; or
H. Any other violation(s) which the Borough determines
will adversely affect the operation or implementation of the local
pretreatment program.