§ 53.140 SIGNIFICANT NONCOMPLIANCE.

   The city shall, at least annually, publish in the largest daily newspaper in the municipality, a list of industrial users which during the previous 12 months, were significantly violating pretreatment standards or other pretreatment requirements. For purposed of this subchapter, a violation is significant if it 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 measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous limits, as defined in §§ 53.050 through 53.060;

   (B)   Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the pretreatment standard or requirement including instantaneous limits, as defined in §§ 53.050 through 53.060 or the average limit multiplied by 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 standard or requirement as defined in §§ 53.050 through 53.060 (daily maximum or longer-term average, instantaneous limit, or narrative standard) that the Control Authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of the 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 or has resulted in the POTW’s exercise of its emergency authority under §§ 53.120 through 53.133 to halt, or prevent such a discharge;

   (E)   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;

   (F)   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;

   (G)   Failure to accurately report noncompliance; and

   (H)   Any other violation(s) which may include a violation of best management practices which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 11-30, passed 12-13-11; Am. Ord. 13-25, passed 11-12-13)