(a) The director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the city a list of the users which, during the previous 12 months, were in significant noncompliance (SNC) with applicable pretreatment standards and requirements. significant industrial users are subject to the SNC criteria listed in subsections (b)(1) through (b)(8) below. Group II non-significant industrial users that have been issued a permit shall be subject to SNC criteria listed in subsections (b)(3) through (b)(8) below. Group VI non-significant categorical industrial users shall be subject to SNC criteria listed in subsections (b)(3) through (b)(8) below. All other industrial users are subject to the SNC criteria listed in subsections (b)(3), (b)(4) and (b)(8) of this section.
(b) SIGNIFICANT NON-COMPLIANCE shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken for the same pollutant parameter during a six-month period exceed a numeric pretreatment standard or requirement, including instantaneous limits for the same pollutant parameter by any amount;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other discharge violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(l) (daily maximum, long-term average or a narrative standard) that the director 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;
(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the director’s exercise of his or her emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic reports (such as self-monitoring reports), and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s) which may include a violation of best management practices, which the director determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 12, passed 1-10-2012)