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"(3) Discharges a process wastestream of five (5) percent or more of the <br />of the average dry weather hydraulic or organic capacity in the City's <br />wastewater treatment facility. <br />"(4) Is found by the City, TCEQ, or the EPA to have significant impact, <br />or the potential for, either singly or in combination with other <br />contributing industries, on the wastewater treatment system, the <br />quality of sludge, the system effluent quality or air emissions <br />generated by the system. <br />"(5) Upon finding that an industrial user meeting the criteria in paragraphs <br />(2) through (4) above, has no reasonable potential for adversely <br />affecting the POTW's operation or for violating any pretreatment <br />standard or requirement, the City of Paris may at any time, on it own <br />initiative or in response to a petition from the industrial user, and in <br />accordance with 40 CFR 403.8(f)(6), determine that such industrial <br />user is not a significant industrial user. <br />"Significant noncompliance. An industrial user is in significant noncompliance <br />with pretreatment standards as defined in 40 CFR 403.8(f)(2)(vii)(A-H) if found in <br />violation of one or more of the following: <br />"(1) Chronic violations of wastewater discharge limits, defined here as <br />those in which sixty-six percent (66%) or more of all measurements <br />taken during a six-month period exceed (by any magnitude) the daily <br />maximum or the average limit for the same pollutant parameter; <br />"(2) Technical Review Criteria (TRC) violations, defined here as those in <br />which thirty-three percent (33%) or more of all measurements for <br />each pollutant parameter taken during a six-month period equal or <br />exceed the product of the daily maximum limit or average limit <br />multiplied by the applicable TRC (TRC= 1.4 for fats, oil and grease, <br />and 1.2 for all other pollutants except pH) NOTE: BOD and TSS <br />controlled by surcharge and TRC is not applicable; <br />"(3) Any other violation of a pretreatment effluent limit (daily maximum <br />or longer-term average) that the City determines has caused, alone or <br />in combination with other discharges, interference or pass-through <br />including endangering the health of POTW personnel or the general <br />public; <br />"(4) Any discharge of a pollutant that has caused imminent endangerment <br />to the public or the environment, or has resulted in the City's <br />exercise of its emergency authority to halt or prevent such discharge; <br />"(5) Failure to meet within ninety (90) days of the scheduled date, a <br />compliance schedule milestone contained in a wastewater discharge <br />permit or enforcement order for starting construction, completing <br />12 <br />