§ 51.086 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.

   Significant noncompliance. The Plant Superintendent will provide at least annual public notification, in the area's largest newspaper, a list of significant industrial or non- domestic users which, during the previous 12 months, were in significant noncompliance of applicable pretreatment standards or other pre-treatment requirements and violations of this chapter. A SIGNIFICANT NONCOMPLIANCE is a violation which meets one or more of the following criteria:

   (A)   Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter;

   (B)   TECHNICAL REVIEW CRITERIA (TRC) VIOLATIONS, defined as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC. The TRC equals 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH;

   (C)   Any other discharge violation that the Superintendent believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of city personnel or the general public;

   (D)   Any discharge of a pollutant that has caused imminent the public or to the environment or has resulted in the Plant Superintendent to the 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 a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

   (F)   Failure to provide, within 30 days after the due date, any required reports such as baseline monitoring reports, compliance monitoring reports, periodic self-monitoring reports, other reports as requested, and reports on compliance with compliance schedules;

   (G)   Failure to accurately report noncompliance; or

   (H)   Any other violations which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)

§ 51.087 PUBLIC RECORDS.

   (A)   All information and data on a user obtained from reports, questionnaires, permit application, permits and monitoring programs and from inspection shall be available to the public without restriction, unless the user specifically requests the information be classified confidential on the basis of proprietary processes. When information is classified confidential, the WRRF Superintendent shall provide proper and adequate facilities and procedures to safeguard the confidentiality of manufacturing proprietary processes, except that confidentiality shall not extend to waste products discharged to the waters of the state.

   (B)   All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.

(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21) Penalty, see § 51.999

§ 51.088 ENFORCEMENT PROVISIONS.

   (A)   The city may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the city, to meet the provisions of this section or to protect the treatment system from threatened discharge that would jeopardize water quality standards, possibly damage the sewerage system, or cause a nuisance or unsafe condition.

   (B)   Any user who violates the following conditions of this section, or applicable state and federal regulations, is subject to having his or her permit revoked:

      (1)   Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;

      (2)   Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;

      (3)   Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

      (4)   Violation of conditions of the permit.

   (C)   Whenever the city finds that any user has violated or is violating this chapter, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the city may serve upon such a person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user.

   (D)   The city may bring legal action with civil and criminal penalties against anyone using the disposal system contrary to this section, in accordance with §§ 51.128, 51.130 and 51.997.

(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21)

§ 51.089 BY-PASS.

   No user shall by-pass pretreatment processes, anticipated or unanticipated, without prior notification and approval of the manager. Such by-pass is prohibited unless unavoidable or justifiable.

(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 727, passed 4-29-91; Am. Ord. 1074, passed 9-27-21) Penalty, see § 51.999