(A) The city is required by federal regulation to keep the public informed of all cases of significant violation. To accomplish this, the city shall publish annually, in the area's largest daily newspaper, a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the previous twelve (12) months. A significant violation shall meet one (1) or more of the following conditions:
(1) Chronic violations of wastewater discharge limits, which are defined as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) Technical Review Criteria (TRC) violations which are defined as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health or POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403 to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) 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;
(6) Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations which the city determines will adversely affect the operation or implementation of the local pretreatment program.
(B) The notification shall also summarize any enforcement actions taken against the user or users during the same twelve (12) months.
(C) All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.
(Ord. 5-1996, passed 2-12-96)