(A) The Industrial Pretreatment Coordinator shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
(B) The term SIGNIFICANT NONCOMPLIANCE shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 C.F.R. § 403.3(1);
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 C.F.R. § 403.3(1) multiplied by the applicable criterion (1.4 for BOD, CLOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as defined by 40 C.F.R. § 403.3(1) (daily maximum, long-term average, instantaneous limit or narrative standard) that the Industrial Pretreatment Coordinator determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of authority personnel or the general public);
(4) Any discharge of pollutants that has caused imminent endangerment to the public health and welfare or to the environment, or has resulted in the Industrial Pretreatment Coordinator’s exercise of his or her emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment-standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include violation of best management practices, which the Industrial Pretreatment Coordinator determines will adversely affect the operation or implementation of the local pretreatment program.
(Res. 1998-10-18-A, passed 10-19-1998; Ord. 180, passed 12-21-1998; Ord. 233-2008, passed 3-3-2008)