The Superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the WWTP, a list of users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs (c), (d) or (h) of this section) and shall mean:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of wastewater measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a pretreatment standard or requirement, including instantaneous maximum allowable discharge limits as defined in section 21-58(d);
(b) Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of wastewater measurements taken for each pollutant parameters during month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous maximum allowable discharge limits as defined in section 21-58(d) multiplied by the applicable criteria (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 standard or requirement (daily maximum, long-term average, instantaneous maximum allowable discharge limit, or narrative standard) that the Superintendent believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WWTP 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 Superintendent's exercise of its emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within ninety (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 forty-five (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;
(g) Failure to accurately report noncompliance; or
(h) Any other violation(s) which may include a violation of best management practices which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
