920.24 ANNUAL PUBLICATIONS.

   Annually the Director of Water Reclamation shall publish in a local newspaper serving the City a list of all dischargers or significant industrial users which at any time during the previous twelve months were in significant noncompliance with applicable pretreatment requirements. The public notice will summarize the enforcement actions taken against the dischargers during the same twelve-month period. For the purposes of this provision, an industrial user is in significant noncompliance if its violations meet the criteria in subsections 920.24(d) or (h). A significant industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

   (a)   Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken at any permitted monitoring point during a six-month period exceed (by any magnitude) the instantaneous 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 at any permitted monitoring point taken during a six-month period equal or exceed the product of the instantaneous 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 Director of Water Reclamation 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);

   (d)   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;

   (e)   Failure to meet, within ninety days after the schedule data, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;

   (f)   Failure to provide, within thirty 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;

   (g)   Failure to accurately report noncompliance; or

   (h)   Any other violation or group of violations, including a violation of BMPs, which the Director of Water Reclamation determines will or has adversely affected the operation of implementation of the City's pretreatment program.

      (Ord. 2004-184. Passed 12-7-04; Ord. 2015-098. Passed 9-15-15.)