Significant Industrial Users in Significant Non -Compliance During Federal Fiscal Year 2024

Industrial Pretreatment Program
Significant Industrial Users in Significant Non-Compliance 
During Federal Fiscal Year 2024

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, generated by the United States Environmental Protection Agency (U.S. EPA), is 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, 2023, through September 30, 2024. 

Section 1.0 Significant Non-compliance 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(5-day), total suspended solids, fats, or oil and grease, and 1.2 for all other pollutants
 except pH.

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

D. Compliance Schedule: Failure to meet a compliance schedule milestone within ninety (90) days after the deadline, that is contained in or linked to a respective permit or permit condition 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 publicly owned treatment works (“POTW”) 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 

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 identifies the unique letter(s) corresponding to the respective SNC criteria and/or the specific administrative deficiency documented corresponding with the criteria in Section 1.0 above, followed by the pollutant parameter for which the
facility was not in compliance (if applicable), and the federal fiscal quarter of the non-compliance.

Federal Fiscal Year 2024 Quarters: 

Q1 = October 1 - December 31, 2023 

Q2 = January 1–March 31, 2024 

Q3 = April 1–June 30, 2024           

Q4 = July 1–September 30, 2024