How will the ADEQ define the term, “significant noncompliance” (SNC)?
ADEQ adopted the entire federal pretreatment rule (40 CFR 403) by reference (R18-9-A905 and R18-9-A906). The USEPA defines “significant noncompliance” [40 CFR 403.8(f)(2)(vii)] as, “a violation which remains uncorrected 45 days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve month period which involves a failure to accurately report noncompliance; or which resulted in the POTW exercising its emergency authority under paragraph (f)(1)(vi)(B) of this section.” The ADEQ definition is the same as the above EPA definition.
