(a) Any person has the right to request, in writing, an interpretation or ruling by the Director on any provision of this chapter and shall be entitled to a prompt written reply. If the inquiry deals with the imposition of civil penalties or termination of service proceedings resulting from violation of this chapter, receipt of the person's request shall suspend all such proceedings pending receipt of the Director's written reply.
(b) If the findings, orders or decisions of the Director pursuant to the provisions of this chapter are not acceptable to any person, he shall have the right to appeal as follows: Two professional engineers shall be chosen; one by the person and the other by the Director. Neither engineer shall be a regular employee of either principal. The engineers, acting as referees, shall be provided a certified copy of the complaint and the decision of the Director. The engineers shall investigate the complaint, affirm or reject the findings of the Director and within a reasonable time, file a report of their decision with the Director. If the engineers are unable to agree, they shall choose a third professional engineer, and the decision or recommendation of the majority shall be reported to the Director. The Director's decision shall be final and shall be reported to the principals.
The fees and expenses of the engineer appointed by the person shall be paid by him; the fees and expenses of the engineer appointed by the Director shall be paid from funds appropriated by the City. The fees and expenses of the third engineer shall be equally divided between the person and the City.
(c) Any final order issued pursuant to this chapter may be appealed in accordance with local and state law.
(Ord. 82-211. Passed 12-13-82.)
(d) At least annually, the Director shall publish a list of all industrial users which at any time during the previous twelve months were in significant noncompliance with applicable pretreatment requirements. For the purpose of this provision, an industrial user is in significant noncompliance if its violations meet one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here 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) including instantaneous limits, as defined by 40 CFR 403.3(1), for the same pollutant parameter by any amount;
(2) 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 a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1), multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other discharge violation of a pretreatment standard or requirement as defined by 40CFR 403.3(1) (daily maximum, longer term average, instantaneous limits, or narrative standard) that the Director determines has caused, along or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
(4) 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;
(5) Failure to meet, within ninety days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge order 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, required reports, such baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations, which may include a violation of Best Management Practices, which the Director determines will or has adversely affected the operation or implementation of the City's pretreatment program.(Ord. 91-30. Passed 3-11-91.)
(e) A non-significant industrial user is in significant non-compliance if it violates Section 923.23(d) (3, 4, or 8). (Ord. 15-123. Passed 11-23-15.)