Annually, the Director shall publish a list of all dischargers or significant industrial users who at any time during the previous twelve months were in significant noncompliance with applicable pretreatment requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violations meet the criteria of Section 922.18(c)(d)(h). A significant industrial user is in significant noncompliance if its violation meets any of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent 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; including instantaneous limits;
(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken at any permitted monitoring point during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for POD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment effluent limit (daily maximum or longer term average, instantaneous limit, or narrative standard) that the 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);
(d) Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within ninety days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
(f) Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; or any other reports required by the Director;
(g) Failure to accurately report noncompliance; or
(h) Any other violation or group of violations, including a violation of BMP's, which the Director determines will affect or has adversely affected the operation or implementation of the POTW's pretreatment program.
(Ord. 91-65. Passed 1-21-91; Ord. 2010-46. Passed 11-16-10.)