(a) Records Retention. All dischargers subject to this Ordinance shall retain and preserve for no less than three years any records, books, documents, memoranda, reports, correspondence, documentation associated with BMPs, any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(b) Publication of Violations. On or prior to February 15 of each year, the City shall publish a list of industrial users that have been in Significant Non-Compliance (SNC) as defined below during the previous twelve months, in the largest daily newspaper serving the City area. For the purpose of this provision a significant violation is a violation which remains uncorrected forty-five 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 City taking an emergency action against the user.
(c) Chronic violations of wastewater discharge limits, defined here as those 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 in Section 933.09(g);
(d) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the instantaneous limit, 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).
(e) Chronic violations and technical review criteria are applicable to any permitted monitoring point. OAC 3745-3-03 (C)(2)(h)(i-ii).
(1) Chronic and Technical Review Criteria only apply to SIUs but other SNC Criteria can be grounds for finding a non-significant industrial discharger to be SNC. These criteria include but may not be limited to:
Violations of instantaneous limits:
(2) Violations of instantaneous limits or narrative standards that cause pass through or interference.
(3) Violations that adversely affect the operation or implementation of the pretreatment program including violations of BMPs;
(f) Any other violation of a pretreatment standard or requirement (daily maximum, long term average, instantaneous limit or narrative standard) that the City Manager and/or Superintendent 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).
(g) Any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge.
(h) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance.
(i) Failure to provide, within forty-five days after the due date, required reports such as baseline monitoring reports, ninety day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules.
(j) Failure to accurately report noncompliance.
(k) Any other violation or group of violations, including violations of BMPs, which the City determines will or has adversely affected the operation of implementation of the City's industrial pretreatment program.
(Ord. 2016-50. Passed 3-21-2016.)