Section 21-1515. ANNUAL NOTICE OF SIGNIFICANT VIOLATIONS

 

1515.1 WASA shall publish annually a list of the Industrial Users in significant noncompliance with the pretreatment standards and requirements in the preceding calendar year in a newspaper(s) of general circulation that provides meaningful public notice within the jurisdiction(s) served by WASA.

 

1515.2 The notification shall summarize the nature of the significant noncompliance and any enforcement action taken against the Industrial User during the same twelve (12) month period.

1515.3 For the purposes of this section, a Significant Industrial User (or any Industrial User which violates § 1515.3(c), (d), or (h)) is in significant noncompliance with the pretreatment standards and requirements if its violation meets one (1) or more of the following criteria:

 

(a) Chronic violations of wastewater discharge limits, which are violations in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 C.F.R. § 403.3(l);

 

(b) Technical Review Criteria (TRC) violations, which are violations 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 product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 C.F.R. § 403.3(l)  multiplied by the applicable TRC (TRC = 1.4 for Biochemical Oxygen Demand, Total Suspended Solids, Fats, Oil, and Grease, and 1.2 for all other pollutants except pH);

 

(c) Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that WASA determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WASA or District personnel or the general public);

 

(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in WASA’s exercise of its emergency authority pursuant to 40 C.F.R. § 403.8(f)(1)(vi)(B) and D.C. Official Code § 8-105.12 (2008 Repl. & 2011 Supp.)) to halt or prevent such a discharge;

 

(e) Any violation of the terms of a wastewater discharge permit which remains uncorrected forty-five (45) days after notification of the violation is received by the Industrial User; or any failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a District or local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;

 

(f) Failure to provide required reports, such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on progress with compliance schedules or orders, within forty-five (45) days after the due date;

 

(g) Failure to timely and accurately report an instance of noncompliance with the pretreatment standards and requirements; and

 

(h) Any other violation or group of violations, which may include a violation of Best Management Practices, which WASA determines will adversely affect the operation or implementation of the local pretreatment program or which WASA otherwise considers significant in light of the circumstances.

 

authority

The Board of Directors (the Board) of the District of Columbia Water and Sewer Authority (DC Water or WASA) pursuant to the authority set forth in the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §§ 34-2201.01, et seq.(2010Repl.)) and the Wastewater System Regulation Amendment Act of 1985, effective March 12, 1986 (D.C. Law 6-95; D.C. Official Code §§ 8-105, et seq. (2008 Repl. & 2011 Supp.)).

source

Notice of Final Rulemaking published at 59 DCR 1021, 1075 (February 10, 2012).

EditorNote

The Notice of Final Rulemaking published at 59 DCR 1021 (February 10, 2012) amended chapter 15 in its entirety, including renaming many of the sections.