Chapter 34 - Division 200

21 December 2017









































Published by Authority of the Mayor and City Council

Of the City of Kankakee, Illinois











Division 201               General Provisions

1.         Purpose and policy

2.         Administration

3.         Definitions


Division 202               Regulations

1.         General Discharge Prohibitions

2.         Incorporation of National Categorical Pretreatment Standards

3.         Modification of National Categorical Pretreatment Standards

4.         Specific Pollutant Limitations

5.         Requirements

6.         Environmental Services Utility’s Right of Revision

7.         Excessive Discharge

8.         Variances

9.         Spill Containment

                                  10.         Tenant Responsibility

          11.         Hauled Wastewater


Division 203               Fees

1.         Purposes

2.         Schedule of Charges and Fees


Division 204               Permits and Administration

1.         Wastewater Dischargers

2.         Wastewater Surveys

3.         Wastewater Discharge Permit Requirement

4.         Wastewater Discharge Permitting – Existing Connections

5.         Wastewater Discharge Permitting – New Connections

6.         Permit Application Contents

7.         Application Signatories and Certification

8.         Wastewater Discharge Permit Decisions

9.         Wastewater Discharge Permit Issuance Process

            10.       IEPA Permit Requirements

            11.       Wastewater Discharge Permit Appeals

            12.       Wastewater Discharge Permit Modification

            13.       Wastewater Discharge Permit Transfer


            14.       Change in Conditions

Division 204               15.       Permits Duration

 Cont’d                       16.       Plans and Specifications

17.       Reporting Requirements for Permittee

18.       Analytical Requirements

19.       Monitoring Facilities



Division 205               Enforcement

1.         Notice of Violation

2.         Administrative Proceedings

3.         Consent Orders

4.         Show Cause Hearing

5.         Compliance Orders

6.         Emergency Suspensions

7.         Cease and Desist Orders

8.         Administrative Fines

9.         Revocation of Wastewater Discharge Permit

10.       Harmful Contributions

11.       Legal Action

12.       Variances

13.       Appeal Procedures

14.       Upsets



Division 206               Penalties and Costs

1.         Civil Penalties

2.         Injunctive Relief

3.         Costs of Damage

4.         Falsifying Information

5.         Revocation of Sewer Service

6.         Other Remedies

















                                            AMENDING THE MUNICIPAL CODE

                                                                       OF THE

                                                CITY OF KANKAKEE, ILLINOIS


                                                                  ARTICLE IV


                                   GENERAL PRETREATMENT REGULATIONS





Sec. 34-201.1  Purpose and Policy


This article sets forth uniform requirements for direct and indirect contributors to the sanitary sewer system for the City of Kankakee, Illinois  and POTW, and enables the City to comply with applicable state and federal laws required by the Clean Water Act of 1977 (Public Law 95-217) and the General Pretreatment Regulations (40 CFR, Part 403).


The objectives of this Article are to:


A.        Prevent the introduction of pollutants into the sanitary sewer system, which will interfere with the operation of the sanitary system or POTW or contaminate the resulting sludge.


B.        Prevent the introduction of pollutants into the sanitary sewer system or POTW, which will pass through the system, inadequately treated, into receiving waters or the atmosphere or otherwise be incompatible with the system.


C.        Improve the opportunity to recycle and reclaim wastewater sludge from the POTW.


D.        Provide for equitable distribution of the operation and maintenance costs incurred by the Environmental Services Utility in implementing the industrial pretreatment program.


This Article provides for the regulation of direct and indirect contributors to the sanitary sewer system and POTW through the issuance of permits to certain non-domestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, requires user reporting, assumes that existing customer's capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.



This Article shall apply to the City of Kankakee and to persons outside the City who are by contract or agreement with the City users of the Environmental Services Utility sanitary sewers.  Except as otherwise provided herein, the Superintendent of the Environmental Services Utility shall administer, implement, and enforce the provisions of this Article.


Sec. 34-201.2  Administration


Except as otherwise provided herein, the Superintendent shall administer, implement, and enforce the provisions of this ordinance.  Any powers granted to or duties imposed upon the Superintendent may be delegated by the Superintendent to other Environmental Services Utility personnel.


Sec. 34-201.3  Definitions


Unless the text specifically indicates otherwise, the following terms and phrases, as used in this Article shall have the meanings hereinafter designated:


1.         Act or "the Act".  The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et seq.


2.         Applicable Pretreatment Standard(s).  For any specific pollutant(s), the more stringent of the following standards:


a.         POTW's prohibitive discharge standards.

b.         POTW's specific limitations on discharge.

c.         State pretreatment standards.

d.         National categorical pretreatment standards.


3.         Approval Authority.  The Director in an NPDES state with an approved state pretreatment program and the appropriate Regional Administrator in a non-NPDES state or a NPDES state without an approved state pretreatment program.


4.         Approved POTW Pretreatment Program.  A program administered by a POTW that meets the criteria established in 40 CFR, Part 403, and which has been approved by a Regional Administrator or State Director in accordance with Section 403.11 or 40 CFR, Part 403.


5.         Authorized Representative of Industrial User.  An authorized representative of an industrial user may be:


a.         A principal executive officer of at least the level of vice president, if the industrial user is a corporation.


b.         A general partner or proprietor if the industrial user is a partnership or proprietorship, respectively.



c.         A duly authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from

which the indirect discharge originates and only if the authorization is made in writing to the Utility by a person described above.


6.         Baseline Report.   Means that report required by 40 CFR Section 403.12(b)(1-7).


7.         Billable BOD51.  The amount of BOD5 in a user's wastewater discharged to the Utility in pounds of BOD5 calculated using the billable flow and concentration of BOD5 in the wastewater as determined by the Utility.


8.         Billable Flow1.  Either (1) a user's water usage from all sources, or (2) the amount of wastewater discharged to the Utility, as determined by the Utility.


9.         Billable Suspended Solids.  The amount of suspended solids in a user's wastewater discharged to the Utility in pounds of suspended solids calculated using the billable flow and concentration of suspended solids in the wastewater as determined by the Utility.


10.       Biochemical Oxygen Demand (BOD).  The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory procedures as described in Standard Methods.


11.       BOD5 (Five Day Biochemical Oxygen Demand)1.  The quantity of oxygen utilized in the biochemical oxidation or organic matter under standard laboratory procedures five days at 20oC expressed in terms of weight and concentration (milligrams per liter mg/l)) as prescribed in Part 507 of Standard Methods.


12.       Building Drain.  That part of the lowest horizontal piping of the drainage system which receives the discharge from soil, waste, and other drainage pipes within the walls of the building and conveys it to the building sewer that begins five feet outside the inner face of the building wall.


13.       Building Sewer1.  A sewer which is an extension of the building drain and which conveys wastewater from the premises of a user to the Utility system.


14.       Categorical Industry.  An industrial user which is subject to a National Categorical Pretreatment Standard.


15.       Categorical Standards or Categorical Pretreatment Standards.  (See National Categorical Pretreatment Standards).



16.       Chemical Oxygen Demand (COD)1.  The quantity of oxygen utilized in the chemical oxidation of organic matter under standard laboratory procedures expressed in terms of weight and concentration (milligrams per liter {mg/l}) as prescribed in Part 508 of Standard Methods.


17.       City.  The City of Kankakee.

18.       Combined Sewer.  A sewer that is designed as a sanitary sewer and a storm sewer.


19.       Combined Waste Stream Formula.  Means the formula as found in 40 CFR Section 403.6(e).


20.       Commercial User.  A user engaged in retail or wholesale trades or the transaction of business involving the purchase or sale of goods or merchandise or involving the provision of services combined with the purchase or sale of goods or merchandise, whether for profit or not for profit, the commercial users class shall also include entities such as fraternal organization, professional organizations, labor unions and recreational facilities other than park districts, and those governmentally owned or tax supported.


21.       Compatible Pollutant.  Biochemical Oxygen Demand (BOD), Chemical Oxygen Demand (COD), Fats-Oils-Greases (FOG), suspended solids, Ph, and fecal coliform bacteria; plus any additional pollutants identified in the POTW's NPDES permit, where the POTW treats such pollutants and, in fact, does treat such pollutants to the degrees required by the POTW's NPDES permit.


22.       Composite Sample1.  A composite sample shall consist of the combination of three (3) or more grab samples collected within a 24 hour period, with each grab sample being taken at not less than 1 hour intervals.


23.       Control Authority.  The term "control authority" shall mean:


a.         The POTW if the POTW's submission for its pretreatment program has been approved; or


b.                  The City of Kankakee if the City pretreatment program has been approved.


            24.       Control Manhole.  A structure located on a site from which industrial wastes are discharged.  Where feasible, the manhole shall have an interior drop.  The purpose of a "control manhole" is to provide access for the Utility representative to sample and/or measure discharges.



            25.       Cooling water.  The water discharged from any use such as air conditioning,          cooling or refrigeration, or to which the only pollutant added is heat.


            26.       Direct Discharge.  The discharge of treated or untreated wastewater directly to the waters of the State of Illinois.


            27.       Director1.  The Director of the Illinois Environmental Protection Agency.


            28.       Domestic User.  A user who discharges only domestic wastewater.

            29.       Domestic Wastewater.  Wastewater having a normal strength of 200 mg/l of BOD and 250 mg/l of suspended solids or less.  Domestic wastewater shall be interchangeable with sewage.


            30.       Enforcement Division Director.  One of the Directors of the Enforcement Divisions within the regional offices of the USEPA or this person's designated representative.  Now called Water Division Director in USEPA Region V.


            31.       Existing Source.  Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.


            32.       Fats, Oils, or Greases (FOG).  The quantity of freon extractable matter expressed in terms of weight and concentration (milligrams per liter (mg/l)) as prescribed in Part 503 of Standard Methods.


            33.       Fecal Coliform.  Any number of organisms common to the intestinal tract of man   and animals whose presence in sanitary sewage is an indicator of pollution.


            34.       Flow.  A moving volume of wastewater.


            35.       Flow Rate.  A moving volume of wastewater per a unit of time.


            36.       Garbage.  Solid wastes from the domestic and commercial preparation, cooking,    and dispensing, of food; and from the commercial handling, storage, and sale of produce.



            37.       General Pretreatment Regulations.  40 CFR, Part 403 entitled "General Pretreatment Regulations for Existing and New Sources," as amended.


            38.       Governmental User.  A user involved in legislative, judicial, administrative, and regulating activities of federal, state, and local governments.


            39.       Grab Sample.  A sample, which is taken from, a waste stream on a one time basis with no regard to the flow in the waste stream and without consideration of time.


            40.       Holding Tank Waste.  Any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.


            41.       Illinois Environmental Protection Agency, or IEPA.  The Illinois Environmental Protection Agency, or where appropriate, the terms may also be used as a designation for the Director or other duly authorized official of said agency.  Further defined as that agency or agencies of the state, any divisions thereof or successors thereto, authorized by present and subsequent acts of the legislature thereof to regulate and control matters in respect to the environment, and particularly in respect to wastewater discharge, management, maintenance, and operations of the POTW.

            42.       Incompatible Pollutant.  All pollutants other than compatible pollutants as defined herein.


            43.       Indirect Discharge.  The introduction of pollutants into a POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act.


            44.       Industrial User1.  Any non-governmental, non-residential user of a publicly owned

            treatment works which is identified in the Standard Industrial Classification Manual, 1972,          Office of Management and Budget, as amended and supplemented, under one of the following divisions:


Division A.                  Agriculture, Forestry and Fishing

Division B.                  Mining

Division D.                  Manufacturing

Division E.                  Transportation, Communications, Electric, Gas, and Sanitary Services

Division I.                   Services



           45.        Industrial Wastewater or Industrial Waste1.  Any solid, liquid or gaseous substance discharged, permitted to flow or escaping from any industrial, manufacturing, commercial or business establishment or process or from the development, recovery of processing of any natural resource as distinct from sanitary sewage.


46.       Insignificant Industrial User.  An industry which discharges only domestic wastewater and does not have any reasonable chance to discharge a non-domestic wastewater.


47.       Institutional User.  A user involved in social, religious, or education  activities such as tax supported schools, libraries or park districts, private or parochial schools and churches.


            48.       Interference2.  A discharge which, along or in conjunction with a discharge or                                discharges from other sources, both:


                        a.         Inhibits or disrupts the POTW, its treatment processes or operations, or its                          sludge processes, use or disposal; and


            b.         Therefore, is a cause of a violation of any requirement of the  POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of  the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations):  Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan

            prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.


            49.       Medical Waste.  Isolation wastes, infectious agents, human blood and blood          products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,     potentially contaminated laboratory wastes, and dialysis wastes.


            50.       Milligrams Per Liter (mg/l).  A unit of the concentration of water or wastewater

            constituent.  It is 0.001 g of the constituent in 1,000 ml of water.  It has replaced the unit formerly used commonly, parts per million (ppm), to which it is approximately       equivalent, in reporting the results of water and wastewater analyses.



            51.       National Categorical Pretreatment Standards or Federal Categorical            Pretreatment Standards or Categorical Standards.  Any regulation containing    pollutant discharge limits promulgated by the US EPA in accordance with          Section 307(b)             and (c) of the Act (33 USC 1347) which applies to a specific category of industrial users.


            52.       National Pretreatment Standards or Pretreatment Standards.  Any regulation          containing pollutant discharge limits promulgated by the US EPA in accordance with             Section 307(b) and (c) of the Act (33 USC 1347) which applies to industrial users.  This          term includes prohibitive discharge limits established pursuant to 40 CFR,   Part 403.5.


            53.       National Prohibitive Discharge Standard or Prohibitive Discharge Standard.           Any regulation developed under the authority of Section 307(b) of the Act and 40                         CFR,   Part 403.5.


            54.       National Pollution Discharge Elimination System (NPDES) Permit.  Any permit    or requirement issued by the Illinois Environmental Protection Agency (IEPA), or US       Environmental Protection Agency (USEPA) pursuant to the Federal Water Pollution    Control Act, as amended (33 USC 1251 et seq), for the purpose of control        sewage,           industrial wastes, or other wastes under the authority of Section 402 of the Act.


            55.       Natural Outlet.  Any outlet in a water course, pond, ditch, lake, or other body of   surface or groundwater.


            56.       New Source.  Any building, structure, facility, or installation from which there   is or may be a discharge of pollutants, the construction of which commenced after the    publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section.


                        a.         The building structure, facility or installation is constructed at a site at        which no other source is located; or


                        b.         The building, structure, facility or installation totally replaces the process    or production equipment that causes the discharge of pollutants at an existing       source; or


                        c.         The production or wastewater generating processes of the building,             structure, facility, or installation are substantially independent of an     existing source at the same size.  In determining whether these are substantially             independent factors such as the extent to which the new facility is integrated with     the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.



            57.       NPDES Permit.  A permit issued to a POTW pursuant to Section 402 of the Act.


            58.       NPDES State.  A state (as defined in 40 CFR Section 122.3) or interstate water pollution control agency with an NPDES permit program approved pursuant to Section 402(b) of the Act.


            59.       Non-contact Cooling Water. Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.


            60.       Operation and Maintenance.  Activities required to assure the dependable and economical function of the utility system.


                        a.         Maintenance:  Preservation of functional integrity and efficiency of            equipment and structures.  This includes preventive maintenance, corrective            maintenance, and replacement as needed.


                        b.         Operation:  Control of the unit processes and equipment which makes the                           utility system.  This includes financial and personnel management records,                          laboratory control, process control, safety and emergency operation planning.


            61.       Pass Through2.  A discharge which exists the POTW into waters of the United States in quantities or concentrations which, along or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude of duration of a violation).


            62.       Permitted Wastewater Hauler Vehicle.  A vehicle used for hauling wastewater and/or sludge which has been granted a permit by:


                        a.         IEPA as a "Special Waste Hauler" vehicle for all wastewater and/or            sludge other than septage; or


                        b.         The Illinois Department of Public Health (IDPH) as a "Septage Hauler"      vehicle for septage.

            63.       Person.  The state or any agency or institution therefore, any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity, including, but not limited to, associated, commission or any      interstate body, and including any officer or governing or managing body of any municipality, governmental subdivision or public or private corporation, or other entity.



            64.       pH1.  The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in standard units.


            65.       Pollutant.  Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,       radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.


            66.       Pollution or Water Pollution.  The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.


            67.       Population Equivalent (P.E.)1.  0.17 pound of five-day biochemical oxygen demand as prescribed in Standard Methods.


            68.       POTW.  See Publicly Owned Treatment Works.


            69.       POTW Treatment Plant.  That portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste.  For purposes of this Article it is the Kankakee River Metropolitan            Agency.


            70.       Pretreatment or Treatment.  The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing such pollutants into  a POTW.  The reduction or alteration may be obtained by physical, chemical or biological processes, or process changes, or by other means, except as prohibited by 40 CFR, Part 403.6(d).  Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with otherwise be incompatible with the POTW.  However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR, Part 403.6(e).


            71.       Pretreatment Requirements.  Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.


            72.       Pretreatment Standards or Standards.  Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards and local limits.


            73.       Prohibitive Discharge Standard.  See National Prohibitive Discharge Standard.


            74.       Properly Shredded Garbage.  The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.


            75.       Publicly Owned Treatment Works (POTW).  A treatment works as defined by Section 212 of the Act, (33 USC 1292) which is owned by a state or a municipality.  This definition includes any devices and systems used in the storage treatment, recycling and reclamation of municipal sewage, or industrial wastes of a liquid nature.  It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW.  For the purposed of this ordinance, POTW shall also include any sewers that convey wastewaters to the POTW from persons outside the City who are, by contract or agreement with the Environmental Services Utility, users of the sanitary sewers.  This term also means the municipality, as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works, which for this ordinance is the Kankakee River Metropolitan Agency.


            76.       Public Sewer.  A sewer in which all owners of abutting properties have equal rights, and is controlled by the Environmental Services Utility.


            77.       Regional Administrator or Administrator.  The Regional Administrator of USEPA Region V.


            78.       Replacement. Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the utility system to maintain the capacity and performance for which such works were designed and constructed.  The term "operation and maintenance" includes replacement.


            79.       Residential User.  A user who resides in dwelling units such as detached, semi-detached and row houses, mobile homes, apartments, and permanent multi-family dwellings.


            80.       Sanitary Sewer.  A sewer, which carries domestic and industrial (non-domestic wastewater); and to which storm, surface and groundwater are not          intentionally admitted.           


            81.       Septage.  The contents of a septic tank which serves a residential structure and to which only domestic wastewater is discharged.


            82.       Sewage.  A combination of the water-carried wastes from residences, business building, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.


            83.       Sewage Treatment Plant.  Any arrangement of devices and structure used for  treating sewage.


            84.       Sewage Works.  All facilities for collection, pumping, treating, and disposing of sewage.


            85.       Sewer.  A pipe or conduit for carrying sewage.


            86.       Shall is mandatory, May is permissive.


            87.       Significant Industrial User or Significant User3.  Any industrial user which discharges to the POTW will be classified as one of the following categories:


            Categorical Significant User Category


            (Class C-1)


            Major User - Any industrial user which discharges to the POTW and meets any of the following:


                        a.         Is subject to national categorical pretreatment standards.


                        b.         Discharges a nondomestic wastewater of 25,000 gpd or more.


                        c.         Contributes a wastewater which makes up 5 percent or more of the             average dry weather hydraulic, organic (BOD), or solids (TSS) capacity of City.


                        d.         Has a reasonable potential, in the opinion of the Environmental Services     Utility Superintendent, to discharge a wastewater, which would adversely affect the POTW (i.e., interference, sludge contamination, pass-through, or hazardous     materials).       


            (Class C-2)


            Minor User - Any industrial user which discharges to the POTW and meets any of the following:


                        a.         Is subject to national categorical pretreatment standards.


                        b.         Discharges a nondomestic wastewater less than 25,000 gpd.


                        c.         Contributes a wastewater which makes up less than 5 percent of the            average dry weather hydraulic, organic (BOD), or solids (TSS) capacity of City.


                        d.         Does not have a reasonable potential, in the opinion of the Environmental   Services Utility Superintendent, to discharge a wastewater, which would

                        adversely affect the POTW (i.e., interference, sludge contamination, pass-through,            or hazardous materials).


            Non-Categorical Significant Industries


            (Class I-1)


            Major Users - Any industrial user which discharges to the POTW and meets any of the following:


                        a.         Industry is not subject to national categorical pretreatment standards.


                        b.         Discharges a non-domestic wastewater of 25,000 gpd or more.


                        c.         Contributes a wastewater which makes up 5 percent or more of the             average dry weather hydraulic, organic (BOD), or solids (TSS) capacity of the   City.


                        d.         Has a reasonable potential, in the opinion of the Environmental Services     Utility Superintendent, to discharge a wastewater, which would adversely affect the POTW (i.e., interference, sludge contamination, pass-through, or hazardous     materials).


            (Class I-2)


            Minor Users - Any industrial user, which discharges to the POTW and meets any of the following:


                        a.         Industry is not subject to national categorical pretreatment standards.


                        b.         Discharges a nondomestic wastewater of less than 25,000 gpd.         


                        c.         Contributes a wastewater, which makes up less than 5 percent of the           average dry weather hydraulic, organic (BOD) or solids (TSS) capacity of City.


                        d.         Does not have a reasonable potential, in the opinion of the Environmental   Services Utility Superintendent, to discharge a wastewater which would adversely affect the POTW, (i.e., interference, sludge contamination, pass-through or           hazardous materials).


            88.       Significant Noncompliance (SNC).


            a.         Chronic violations of wastewater discharge limits, defined here as those in             which sixty-six percent or more of all of the measurements taken during a six-      

            month period exceed (by any magnitude) the daily maximum limit or the average  

            limit for the same pollutant parameter.

            b.         Technical Review Criteria (TRC) violations, defined here as those in 

which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS fats, oil, and grease, and 1.2 for all other pollutants except pH).


 c.        Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the Control Authority determines has caused, along or in combination with other discharges, interference or pass through (including endangering the health of POTW 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 the POTW's exercise of its emergency authority under paragraph (f)(1)(vi)(B) of this section to halt or prevent such a discharge;


 e.        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;


 f.         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, and reports on compliance with compliance schedules;


g.         Failure to accurately report non-compliance;


h.         Any other violation or group of violations, which the Control Authority determines, will adversely effect the operation or implementation of the local  pretreatment program.


89.       Significant Violation. A violation of this ordinance which remains uncorrected 45 days after notification of such noncompliance; or which is part of a pattern of noncompliance over a 12 month period; or which involves failure to accurately report noncompliance; or which resulted in the Environmental Services Utility exercising its emergency authority Section 34-205.


90.       Sludge.  The solids separated from the liquids during wastewater treatment processes.


91.       Slug or Slug Load.  Any discharge of water or wastewater which meets any of the following conditions:


  a.       A flow rate in excess of five times the daily average.


b.         A pollutant concentration in excess of five times the daily average permitted value.


  c.    &a