931.13 PUBLICATION OF ENFORCEMENT ACTION.

   At least annually, the City Manager or his designee 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 purposes 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 (66%) or more of all the measurements taken during a six-month period exceed (by any magnitude); a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined herein.

   (b)   Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric Pretreatment Standard or Requirement, including Instantaneous Limits as define herein multiplied by the applicable criteria (TRC = 1.4 for BOD, TSS, fat, oil and grease, and 1.2 for all other pollutants except pH);

   (c)   Any other violation of a Pretreatment Standard or Requirement as defined herein (daily maximum, longer term average, Instantaneous Limit, slugload or narrative Standard) that the City Manager or his designee 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 or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge;

   (e)   Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;

   (f)   Failure to provide, within forty five (45) 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 violation or group of violations which the City Manager or his designee determines will or has adversely affected the operation or implementation of the City's pretreatment program.
(Ord. 2011-4-30. Passed 4-27-11.)