At least annually, the City shall publish, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of all industrial users which at any time during the previous twelve (12) 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 the criteria in paragraph 915.405(c), (d), or (h) of this rule. A significant industrial user is in significant noncompliance if it meets one or moreany 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 of the measurements taken for the same pollutant parameter at any permitted monitoring point during a six- (6-)month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as define in Section 915.010, for the same pollutant parameter;
(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 for the same pollutant parameter at any permitted monitoring point during a six- (6-)month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits as defined by Section 915.010, multiplied by the applicable TRC (TRC= 1.4 for BOD, TSS; fats, oil and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment effluent limit (daily maximum, longer term average, instantaneous limit, or narrative standard) 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);
(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 (90) days after the schedule dates, 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 fort-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 may include violation of Best Management Practices, which the City determines will or has adversely affected the operation or implementation of the City's pretreatment program.
(Ord. 30-14. Passed 3-3-14.)