(a) Significant Non-Compliance. The Public Works Director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users or any other Industrial User that violates Section 913.15(a)(3), (4) and (8)) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken from each of an SIU's permitted monitoring points for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Section 913.07(d)(17), (See 40 CFR 403.3(1)).
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken from each of an SIU's permitted monitoring points for each pollutant parameter during a six- (6-) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Sections 913.07(d)(17) and 913.08(b), (c) and (d) multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH); See 40 CFR 403.3(1).
(3) Any other violation of a Pretreatment Standard or Requirement as defined by Section 913.08(b), (c) and (d) (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that the Public Works Director 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; See 40 CFR 403.3(1).
(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Public Works Director exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within forty-five (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 a violation of Best Management Practices, which the Public Works Director determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. 07-2009. Passed 2-11-09.)