(A) Upon delegation of a local pretreatment program from IDEM or the U.S. EPA to the city, the Wastewater Utility Manager may publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
(B) The term significant noncompliance shall mean:
(1) Chronic violations of wastewater discharge limits, defined herein as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit 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 daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BODs, TSS, FOG, and 1.2 for all other pollutants except pH);
(3) Any other discharge violation that the Wastewater Utility Manager believes 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 actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of the public, the environment, or which threatens to interfere with the operation of or has resulted in the Wastewater Utility Manager’s exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days or 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 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s) which the Wastewater Utility Manager determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)