(A) A list of all industrial dischargers (40 C.F.R. § 403.8(f)(2)(vii)) which were found to be in significant violation during the 12 previous months shall be annually published by the authority in the largest daily newspaper published in the municipality in which the authority is located.
(B) Significant violations of an industrial discharger shall be determined as follows:
(1) 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;
(2) TECHNICAL REVIEW CRITERIA (TRC) VIOLATIONS, defined here 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 (TRC equals one and four-tenths for BOD, TSS, fats, oil and grease, and one and two-tenths for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the control authority 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);
(4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or any discharge that has resulted in the POTW exercising its emergency authority under § 52.25 of this code;
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; and
(8) Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. 2015-6-1, passed 7-13-2015) Penalty, see § 52.99