14.05.050 Tracking compliance status.
(a) Industry noncompliance is tracked in the program database. From the database, the monthly compliance log is generated and posted in the office. The monthly compliance log consists of a list of SIUs in noncompliance required to meet a milestone date. Each Industrial Investigator is responsible for noting the date of SIU compliance or noncompliance with milestone dates on the log. All analytical data (self-monitoring and WSSC) is input into the program database for purposes of generating reports.
(b) As required by the MDE pretreatment delegation agreement, an evaluation of each SIU’s compliance status with pretreatment standards, reporting requirements, and self-monitoring requirements is conducted on a quarterly basis to cover the six-month period prior to the end of the quarter. Each SIU is identified as being in significant noncompliance (SNC), noncompliance (NC), or consistent compliance (C). An SIU is classified as being in SNC if they meet any of the following criteria:
(1) Violations of Wastewater Discharge Limits.
(i) Chronic violations, defined here as those in which 66 percent or more of the measurements taken for the same pollutant parameter during a six-month period (by any magnitude) exceed a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);
(ii) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC equals 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH;
(2) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the WSSC determines has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through (including endangering the health of WSSC personnel or the general public);
(3) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(4) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, certification statements, plans, representative data and reports on compliance with compliance schedule milestones or other information requested by the WSSC; or failure to notify the WSSC of modifications to processes, wastewater constituents, and pretreatment systems;
(5) Failure to accurately report noncompliance; and
(6) Any other violation or group of violations, which may include a violation of best management practices, which the WSSC determines will adversely affect the operation or implementation of the local pretreatment program.
(c) An SIU is in noncompliance if it has one or more violations during the reporting period that does not meet the SNC criteria. An SIU is in consistent compliance if no violations have occurred during the reporting period.
(d) In the event an SIU is in SNC during a six-month evaluation period, the Industrial Investigator will notify the SIU. Once notified:
(1) SIUs are required to conduct an additional five days of self-monitoring during the next reporting period for the parameters for which they are in SNC.
(2) SIUs subject to monthly-average discharge limitations must sample one day per month for five months.
(3) SIUs subject to four-day average discharge limitations must sample for 20 days or five four-day averages (SIUs in this group may use their normal periodic compliance monitoring toward the 20 days of required monitoring). Additional monitoring will continue until the SIU demonstrates consistent compliance, or has no violations of the parameter for which they were in SNC, for a reporting period. (Industrial discharge control program enforcement response plan § I(C), dated April 22, 2013)