Industrial Pretreatment Program Significant Industrial Users in Significant Non-Compliance During Federal Fiscal Year 2023

Industrial Pretreatment Program Significant Industrial Users in Significant Non-Compliance During Federal Fiscal Year 2023

In accordance with Title 40 of the Code of Federal Regulations, §403.8(f)(2)(viii), the Department of Energy and Environmental Protection (“DEEP”) is required to provide notice of those significant industrial sewer users (“SIUs”) that were in significant non-compliance (“SNC”) with pretreatment standards and other pretreatment requirements during the preceding federal fiscal year.  A list of the SNC criteria is listed below. DEEP has verified the SNC status of SIUs flagged on EPA’s Quarterly Non-Compliance Reports (“QNCRs”).  The QNCR is generated by the United States Environmental Protection Agency (U.S. EPA) used to determine SIUs in SNC based on the results of sampling data submitted by permittees.  The facilities identified in this document were determined to be in SNC during the time-period from October 1, 2022, through September 30, 2023. 

Section 1.0 SNC Criteria

A. Chronic Violations: Those in which sixty-six percent (66%) or more of all measurements taken for the same pollutant parameter during a six (6) month period exceed, by any magnitude, the Average Monthly, \ Maximum Daily, or Maximum Instantaneous Limit(s).

B. Technical Review Criteria Violations: Those in which thirty-three percent (33%) or more of all of the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the Average Monthly, Maximum Daily, or Maximum Instantaneous Limit(s) multiplied by 1.4 for biochemical oxygen demand, total suspended solids or fats, oil and grease, or 1.2 for all other pollutants except pH

C. Monitoring Reports: Failure to provide, within forty-five (45) days after the due date, required reports such as Discharge Monitoring Reports.

D. Compliance Schedule: Failure to meet within ninety (90) days after the schedule date, a compliance schedule milestone contained in or linked to a respective permit for starting construction, completing construction or attaining final compliance.

E. Noncompliance Reporting: Failure to accurately report noncompliance.

F.  Discretionary: Any other violation of an effluent limit that DEEP determines has caused, alone or in combination with other discharges, a violation of the POTW’s NPDES permit, inhibition or disruption of the POTW, its treatment processes or operations, or its sludge processes, use or disposal.

G. Imminent Endangerment: Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in DEEP’s exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge.

H. Best Management Practices (“BMPs”): Any other violation or group of violations, which may include a violation of BMPs, which DEEP determines will adversely affect the operation or implementation of the pretreatment program.

Section 2.0 Significant Industrial Users in Significant Non-Compliance in Federal Fiscal Year 2023  

The below table identifies the name of the facility, associated permit number, location, and specific violation(s) in the applicable federal fiscal quarter(s). The last column provides identifies the unique
letter(s) corresponding to the respective SNC criteria and/or the specific administrative deficiency documented, followed by the pollutant parameter for which the facility was not in compliance, and the
time-period that the facility was in non-compliance.

Federal Fiscal Year 2023 Quarters: 

Q1 = October 1-December 31, 2022          Q2 = January 1–March 31, 2023           
Q3 = April 1–June 30, 2023                        Q4 = July 1–September 30, 2023