The City Manager 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 twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
(A) Chronic violations of wastewater discharge limits, defined here as those in which sixty six percent (66%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period exceeds the numeric pretreatment standard or requirement, including the instantaneous limit, or are outside the pH range.
(B) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement, including the instantaneous limit multiplied by the applicable criteria (1.4 for BOD, TSS, Oils and Grease (N-hexane extractable material), and 1.2 for all other pollutant parameters except pH);
(C) Any other discharge violation that the City Manager believes 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 pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City Manager’s exercise of its emergency authority to halt or prevent such a discharge;
(E) Failure to meet, within ninety (90) days of the scheduled date, 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 thirty (30) 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 the City Manager determines will adversely affect the operation or implementation of the local pretreatment program.
(Prior Code, Art. 16B, § 9)