Industrial Discharge Permit - New Carlisle and St. Joseph Energy Center

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d. Compliance - When the Director finds that a User has violated, or continues to violate, any provision of this ordinance, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may issue an order to the User responsible for the discharge directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self -monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. 5. LIT — Litigation is the most severe enforcement action and is utilized when a User has not cooperated with the Control Authority or responded to the other enforcement remedies. Litigation defines several courses of action including civil suits for injunctive relief and/or civil penalties, criminal suits, termination of service, etc. These types of actions would all involve the courts and the City Attorney and would follow the procedures necessary for the due process. M. Significant Non -Compliance (SNC) Utilizing the Enforcement Response Plan, Pretreatment Staff will initiate the appropriate response and see that the enforcement tracking files have been updated to show the type of action being taken and the response date. On a quarterly basis the Pretreatment Staff will be responsible for reviewing the compliance file of all Industrial Users for the previous six (6) months to determine significant non-compliance of any industrial user and on an annual basis, the names of all Industrial Users found in significant non-compliance will be published in the South Bend Tribune. A definition of significant non-compliance follows. Instances of Significant Non -Compliance (SNC) are Industrial User Violations which meet one or more of the following criteria: (a) Chronic violations of wastewater Discharge limits, defined here as those in which sixty-six (66) percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(1); (b) Technical Review Criteria (TRC) violations, defined here as those in which thirty- three (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 numeric Pretreatment Standard or Requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); (c) Any other violation of a Pretreatment Standard or Requirement that the Director 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); St. Joseph Energy Center - Water Treatrnent Facility Industrial Wastewater Discharge Permit - Attaclurient 2