§ 1054.35  ANNUAL PUBLICATION OF SIGNIFICANT NON-COMPLIANCE.
   (A)   A list of all industrial users which, at any time during the previous 12 months, were in significant non- compliance with applicable pretreatment requirements shall be published annually by the city in the largest daily newspaper serving the city.
   (B)   For the purpose of this section, an industrial user is in significant non-compliance if its violations meet one or more of the following criteria: (Note: divisions (B)(1) and (B)(2) below apply only to significant industrial users and are applicable to each of a significant industrial user’s monitoring locations. Divisions (B)(3) through (B)(8) below apply to all industrial users.)
      (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit, the average limit or the instantaneous limit for the same pollutant parameter for any significant industrial user;
      (2)   Technical review criteria (TRC) violations, defined here as those in which 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 daily maximum limit, the average limit or the instantaneous limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats and oils and greases, and 1.2 for all other pollutants, except pH) for any significant industrial user;
      (3)   Any other violation of a pretreatment effluent limit (the instantaneous limit, daily maximum or longer term average) that the 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);
      (4)   Any discharge of a pollutant that has caused imminent endangerment of human health or welfare or of the environment or has resulted in the POTW’s exercise of emergency authority to halt or prevent such a discharge;
      (5)   Failure to meet, within ninety days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge control order or enforcement order for starting construction, completing construction or attaining final compliance;
      (6)   Failure to provide, within 45 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;
      (7)   Failure to accurately report non-compliance; or
      (8)   Any other violation or group of violations, including violations of best management practices (BMPs), which the Superintendent determines will or has adversely affected the operation or implementation of the city’s pretreatment program.
(Prior Code, § 1054.35)  (Ord. 59-1991, passed 4-8-1991; Ord. 149-2013, passed 9-9-2013)