The City shall publish, once per year in the largest daily newspaper in the City, a public notice of users which, at any time during the previous 12 months, were in significant violation of Federal, State, or City pretreatment standards or requirements. For the purposes of this section, a user is in significant violation if its violation(s) meet one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed by any magnitude a numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 C.F.R., Chapter 1, Subchapter N, Part 403.3(l);
(b) Technical Review Criteria (TRC) violations, defined here as results in which 33% or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 C.F.R., Chapter 1, Subchapter N, Part 403.3(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, and fats, oil and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R., Chapter 1, Subchapter N, Part 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrrative standard) that the City determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of City personnel or the general public);
(d) Any discharge of a pollutant that has caused imminent danger to human health, welfare or to the environment, or has resulted in the City’s exercise of its emergency authority to halt or prevent such discharge;
(e) Violation, by 90 days or more after the schedule date, of a compliance schedule milestone contained in a use permit or order, for starting construction, completing construction or attaining final compliance with pretreatment standards;
(f) Failure to provide required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules within 30 days after the due date;
(g) Failure to accurately report noncompliance; or
(h) Any other violation or group of violations, which may include a violation of best management practices, which the City determines will adversely affect the operation or implementation of the City’s pretreatment program.
(Ord. 3630, passed 12-13-2004; Ord. 3743, passed 11-19-2008)