(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, annually, publish in a newspaper of local circulation a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. A significant violation shall meet one or more of the following criteria:
(1) Chronic violations of waste water 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 in 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 city 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 to the environment or has resulted in the POTW's exercise of its emergency authority under 40 C.F.R. part 403 to halt or prevent such a discharge;
(5) Failure to provide, 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 report and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; and/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(s) during the same 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. 7-92, passed 2-4-1992)