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CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the Utilities Manager's inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Utilities Manager, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)
PUBLICATION IF NONCOMPLIANT
The Utilities Manger shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time 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) below and shall mean:
(A) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in § 2 of this appendix;
(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 six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by § 2 of this appendix multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(C) Any other violation of a pretreatment standard or requirement as defined by § 2 of this appendix (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Utilities Manager 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 to the public or to the environment, or has resulted in the Utilities Manager's exercise of its emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge 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, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violation(s), which may include a violation of best management practices, which the Utilities Manager determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)
ADMINISTRATIVE ENFORCEMENT REMEDIES
When the Utilities Manager finds that a user has violated, or continues to violate, any provision of this appendix, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Utilities Manager may serve upon that user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Utilities Manager. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Utilities Manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ord 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)
The Utilities Manager may enter into agreed orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 10.4 and 10.5 of this appendix and shall be judicially enforceable.
(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)
The Utilities Manager may order a user which has violated, or continues to violate, any provision of this appendix, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Utilities Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 1.4 of this appendix, and required by § 4.6(A) of this appendix. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)
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