§ 54.08 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
   (A)   The director shall publish annually, in the largest daily newspaper published in the city a list of the IUs which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
   (B)   The term "SIGNIFICANT NONCOMPLIANCE" shall mean:
      (1)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of the wastewater measurements taken for each pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limit;
      (2)   Technical review criteria (TRC) violations, defined here as those in which 33% or more of the 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 multiplied by the applicable criteria TRC (TRC = 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
      (3)   Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit or narrative standard) that the director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of the county WWF personnel or the general public;
      (4)   Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the director's exercise of his/her emergency authority under § 54.09(G) to halt or prevent such a discharge;
      (5)   Failure to meet, within 90 calendar days of the scheduled date, a compliance schedule milestone contained in an agreement with the director, compliance orders, wastewater discharge permit, or other enforcement order for starting construction, completing construction or attaining final compliance;
      (6)   Failure to provide, within 45 calendar days after the due date, any reports required by this Code or orders or permits issued under this chapter, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules;
      (7)   Failure to accurately report noncompliance; or
      (8)   Any other violation(s), including a violation of best management practices, which the director determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 679, passed 9-26-2017)