A list of dischargers which at any time during the previous twelve months, were in significant noncompliance of applicable pretreatment standards or pretreatment requirements, shall be published annually by the City in the largest newspaper circulated in the City summarizing the enforcement actions taken against the dischargers during the same twelve months. For the purposes of this provision, a discharger is in significant noncompliance if its violations meet one or more 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 during a six- month period (by any magnitude) exceed the daily maximum limit or average limit 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 during a six-month period equal or exceed the product of the daily average maximum limit or the average limit times 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 or longer-term average) that the Director 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 a pollutant that has caused imminent endangerment to human health, welfare or to the environment and has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8(f)(1) (vii)(B) to halt or prevent such a discharge;
(e) Violation, by ninety days or more after the schedule date, of a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, or attaining final compliance;
(f) Failure to provide required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules within thirty days of the due date;
(g) Failure to accurately report noncompliance;
(h) Reporting false information;
(i) Failure to install monitoring facilities;
(j) Discharging without a permit or approval when such discharge causes interference, pass through or when continuing violations occur resulting in environmental damage;
(k) Any violation of permit conditions if evidenced by neglect or intent;
(l) Refusal by a major significant industrial user to allow access by district personnel to its premises; or
(m) Any other violation or group of violations which the Director determines will or has adversely affected the operation or implementation of the pretreatment program.
(Ord. 107-1991. Passed 6-24-91.)