(A) The environmental officer shall publish annually a list of industrial users in significant noncompliance with applicable pretreatment standards or other pretreatment requirements during the previous 12 months. The notification shall also summarize any enforcement actions taken against the users during the same period. Said list shall be published in the largest daily newspaper published in the city, if none published in the city then it shall be published as the city normally publishes notices.
(B) For purpose of this section; an industrial user is in significant noncompliance if its violation(s) meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six 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, defined here as those which 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 daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for 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 control authority (i.e., the environmental officer) 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 human health, welfare or the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 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 30 days after the due date, required reports such as baseline monitoring reports, 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 control authority (i.e., the environmental officer) determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 160726-A, passed 7-26-2016)