A list of all users which exhibited significant noncompliance, as defined below, with applicable pretreatment requirements or standards at any time during the 12 previous months, shall be annually published by the Director in the Daily Jeffersonian.
For the purposes of this section, an industrial user is in significant noncompliance if its violations meet one or more of the following criteria:
(A) Chronic violations of wastewater discharge limits. Those in which 66% or more of all measurements taken for the same pollutant parameter, at any sampling point, during a six-month period, exceed the instantaneous limit, daily maximum limit or the average limit.
(B) Technical Review Criteria (TRC) violations. Those in which 33% or more of all measurements taken for the same pollutant parameter, at any sampling point, 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.
(1) TRC =1.4 for BOD, total suspended solids, fats, oil and grease.
(2) TRC = 1.2 for all other pollutants except pH.
(C) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) that the Director determines caused, alone or in conjunction 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 causes imminent endangerment to human health, welfare or to the environment; or that resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge.
(E) Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for beginning construction, completing construction or attaining final compliance.
(F) Failure to provide, within 45 days after the due date, required reports such as Initial Compliance Reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(G) Failure to accurately report noncompliance.
(H) Any other violation or group of violations, which may include a violation of best management practices, which the Director determines will or has adversely affected the operation or implementation of the city pretreatment program.
(Ord. 64-92, passed 8-10-92; Am. Ord. 20-13, passed 3-25-13)