932.30 ENFORCEMENT ACTIONS; ANNUAL PUBLICATION.

   At least annually, the Director shall publish, in at least one newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the District, a list of all industrial users which at any time during the previous twelve months were in significant noncompliance with the applicable pretreatment requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violations at each permitted monitoring location meet one or more of the following criteria:

   (a)   For significant industrial users only, chronic violations of wastewater discharge limits, defined herein as those in which sixty-six percent (66%) 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 or the instantaneous limit for the same pollutant parameter;

   (b)   For significant industrial users only, Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limits or the instantaneous 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 effluent limit (daily maximum or longer term average or instantaneous or of any other pretreatment standard or requirement (e.g. narrative limits)) that the Director 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 of human health, 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 forty-five 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;

   (g)   Failure to accurately report noncompliance;

   (h)   Any other violation or group of violations, including a violation of narrative limits (BMP’s) which the Director determines will or has adversely affected the operation or implementation of the City's pretreatment program.

      (Ord. 08-217. Passed 10-15-08.)