Section 327 IAC 5-17-24 - "Significant noncompliance" definedAuthority: IC 13-14-8; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-2; IC 13-18-3
Affected: IC 13-11-2; IC 13-13-5-1; IC 13-18-4
Sec. 24.
"Significant noncompliance" means the status of an industrial user that has caused or allowed a violation that meets one (1) or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed, by any magnitude, a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l).(2) Technical review criteria (TRC) violations, defined as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(l), multiplied by the applicable TRC (TRC equals one and four-tenths (1.4) for biochemical oxygen demand, total suspended solids, fats, oil, and grease and one and two-tenths (1.2) for all other pollutants except pH).(3) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l), such as daily maximum, long-term average, instantaneous limit, or narrative standard that the POTW 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.(4) Any discharge of a pollutant that has: (A) caused imminent endangerment to human health, welfare, or the environment; or(B) resulted in the POTW's exercise of its emergency authority under 327 IAC 5-19-3(1)(G) to halt or prevent such a discharge.(5) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for: (A) starting construction;(B) completing construction; or(C) attaining final compliance.(6) Failure to provide, within forty-five (45) days after the due date, required reports, such as the following:(A) Baseline monitoring reports.(B) Ninety (90) day compliance reports.(C) Periodic self-monitoring reports.(D) Reports on compliance with compliance schedules.(7) Failure to accurately report noncompliance.(8) Any other violation or group of violations, which may include a violation of BMPs, that the POTW determines will adversely affect the operation or implementation of the approved POTW pretreatment program.Water Pollution Control Board; 327 IAC 5-17-24; filed Oct 10, 2000, 3:02 p.m.: 24 IR 296; filed Apr 3, 2009, 1:55 p.m.: 20090429-IR-327060156FRA