The Superintendent shall 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. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates divisions (C), (D) or (H) of this section) and shall mean:
(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a 6 month period exceed the daily maximum limit or average limit as defined in §§ 51.23 through 51.29 for the same pollutant parameter by any amount; (Note: Required streamlining rule change, see 40 C.F.R. 403.3(1).)
(B) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a 6 month period equals or exceeds the product of the daily maximum limit or the average limit as defined in §§ 51.23 through 51.29, multiplied by the applicable criteria (1.4 for BOD5, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); (Note: Required streamlining rule change, see 40 C.F.R. 403.3(1).)
(C) Any other discharge violation of a pretreatment standard or requirement as defined by §§ 51.23 through 51.29 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public) or sludge contamination such that it limits its beneficial reuse or disposal; (Note: Required streamlining rule change, see 40 C.F.R. 403.3(1).)
(D) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the Superintendent’s exercise of its emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within 90 days of the schedule date, a compliance schedule milestone contained in an individual wastewater discharge permit or a general permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(F) Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(G) Failure to accurately report noncompliance;
(H) Any other violation(s), which may include a violation of best management practices, which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 1785, passed 12-9-2002; Am. Ord. 2158, passed 1-26-2009)