Township of Hempfield, PA Publication of Users in Significant Noncompliance

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Article V Publication of Users in Significant Noncompliance

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THTMA shall annually publish in the Legal Ads Department of the local newspaper, a list of the users which were in significant noncompliance with any pretreatment requirements or standards at any time during the 12 previous months in accordance with 40 CFR 403.8(f)(2)(vii). The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months. The term "significant noncompliance" shall be applicable to all significant industrial users (or any other industrial user that violated Subsections C, D or H of this section) and shall mean:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standards or requirement, including instantaneous limits as defined in § 67A-3;

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 numeric pretreatment standard or requirement, including instantaneous limits, as defined by § 67A-3, multiplied by the applicable criteria (1.3 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

Any other violation of a pretreatment standard or requirement as defined by § 67A-3 (daily maximum, long-term average, instantaneous limits, or narrative standard) that the general manager determines has caused, alone, or in combination with other discharges, interference or pass-through, including endangering the health of the POTW personnel or the general public;

Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the general manager'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 an individual wastewater discharge permit or a general 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), which may include a violation of best management practices, which the general manager determines will adversely affect the operation or implementation of the local pretreatment program.