At least annually, the Authority shall publish a list of all industrial users which at any time during the previous twelve months were in significant noncompliance with applicable pretreatment requirements. For the purpose of this provision, 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, defined here as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l), applicable to each SIU's monitoring points only;
(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 taken during a six-month period equal or exceed the product of numeric Pretreatment Standard or Requirement, and instantaneous limits as defined by 40 CFR 403.3(l), applicable to each SIU's monitoring points 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 Standard or Requirement, narrative limit, or instantaneous limit as defined by 40 CFR 403.3(l) (daily maximum or monthly average) that the Authority 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 of the environment or has resulted in the POTW's exercise of emergency authority under 40 CFR Part 403.8(f)(l)(vi)(B) to halt or prevent such discharge;
(e) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) 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;
(g) Failure to accurately report noncompliance;
(h) Any other violations or group of violations which may include a violation of Best Management Practices which the Authority determines will or has adversely affected the operation or implementation of the City's pretreatment program.
(Ord. 12-04. Passed 5-21-12.)