9-4-3: PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE:
The city shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located (at the time of passage hereof, "The Morning News"), a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. For the purposes of this provision, an 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 herein as those in which sixty six percent (66%) or more of all wastewater measurements taken for the same pollutant parameter during a six (6) month period (by any magnitude) the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR section 403.3(I);
   B.   Technical review criteria (TRC) violations, defined herein as those in which thirty three percent (33%) or more of all wastewater measurements taken for each pollutant parameter taken during a six (6) month period equals or exceeds the product of a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR section 403.3(I) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants, except pH);
   C.   Any other discharge violation of a pretreatment standard or requirement, as defined by 40 CFR section 403.3(l) (daily maximum, longer term average, instantaneous limit, or narrative standard) that the POTW 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 pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the city exercise of its emergency authority under 40 CFR section 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
   E.   Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an industrial waste acceptance permit or enforcement order for starting construction, completing construction, or attaining final compliance;
   F.   Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, 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, which may include a violation of best management practices, the city determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 2078, 6-3-2008, eff. 6-3-2008)