(A) Users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all Federal Categorical Pretreatment Standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the Water and Sewer Commission shall be provided, operated, and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Commission for review, and shall be acceptable to the plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the Commission under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the Commission prior to the user's initiation of the changes.
(B) The Commission is required by federal regulation to keep the public informed of all cases of significant violation. To accomplish this, the Commission shall publish, at least annually in the area's largest daily newspaper, the names of users significantly violating pretreatment standards or requirements during the previous twelve (12) months. A significant violation shall meet one or more of the following conditions:
(1) Results in the exercise of emergency authority;
(2) Remains uncorrected forty-five (45) days after notice of noncompliance is given; or
(3) Involves failure to report accurately.
(4) Chronically exceed wastewater pollution limits which are defined as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined;
(5) Technical Review Criteria (TRC) violations which are defined as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits as defined, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease and 1.2 for all other pollutants except pH);
(6) Any other violation of a Pretreatment Standard of Requirement as defined (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Manager and/or Director of Wastewater Operations determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health or POTW personnel or the general public);
(7) 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 paragraph 40 CFR 403.8(f)(i)(vi)(a) to halt or prevent such a discharge;
(8) Failure to meet, within ninety (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;
(9) Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(10) Failure to accurately report noncompliance; or
(11) Any other violation or group of violations which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.
(C) The notification shall also summarize any enforcement actions taken against the user or users during the same twelve (12) months.
(D) All records relating to compliance with pretreatment standards shall be made available to officials of the EPA or approval authority upon request.
(Ord. - -, passed 6-7-84; Am. Ord. 91-07-18, passed 7-18-91; Am. Ord. 2011-11-03, passed 11-3-11)