[Ord. 422, 10/12/1994; as amended by Ord. 656, 4/9/2015]
If the MTMA has been refused access to a building, structure
or property, or any part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of this Part and/or
any pretreatment standard and/or requirement or that there is a need
to inspect and/or sample as part of a routine inspection and/or sampling
program of the MTMA designed to verify compliance with this Part and/or
pretreatment standards and/or requirements or any permit or order
issued hereunder, or to protect the overall public health, safety
and welfare of the community, then, upon application by the Solicitor
for the MTMA to the appropriate magisterial district judge in the
magisterial district where the property is located, a search warrant
shall be sought by the MTMA requesting that a search be permitted
and that a seizure be made of any pollutants or samples of the same
which are necessary to verify whether there are any violations of
this Part and/or any pretreatment standard and/or requirements.
[Ord. 422, 10/12/1994]
Information and data on an industrial user obtained from reports,
surveys, wastewater discharge permit applications, wastewater discharge
permits and monitoring programs and from the MTMA's inspection
and sampling activities shall be available to the public without restriction,
unless the industrial user specifically requests and is able to demonstrate
to the satisfaction of the MTMA that the release of such information
would divulge information, processes or methods of production entitled
to protection as trade secrets under applicable state law. Any such
request must be asserted at the time of submission of the information
or date. When requested and demonstrated by the industrial user furnishing
a report that such information should be held confidential, the portions
of a report which might disclose trade secrets or secret processes
shall not be made available for inspection by the public but shall
be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other "effluent data,"
as defined by 40 CFR 2.302, will not be recognized as confidential
information and will be available to the public without restriction.
[Ord. 422, 10/12/1994; as amended by Ord. 616, 2/7/2007,
§ 4; and by Ord. 656, 4/9/2015]
MTMA shall annually publish in a newspaper of general circulation
that provides meaningful public notice within the jurisdictions served
by the POTW a list of industrial users which at any time during the
previous 12 months were in significant noncompliance with applicable
pretreatment standards and requirements. The term "significant noncompliance"
shall mean:
A. Chronic violations of wastewater discharge limits, defined here as 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement including instantaneous maximum allowable discharge limits as defined at §
18-304, Subsection
1.
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous maximum allowable discharge limits as defined at §
18-304, Subsection
1, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment standard or requirement as
defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous
limit, or narrative standard) that the POTW 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 pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in MTMA's
exercise of its emergency authority to halt or prevent such a discharge.
E. 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.
F. Failure to provide within 30 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.
G. Failure to accurately report noncompliance.
H. Any other violation(s), which MTMA determines will adversely affect
the operation or implementation of the local pretreatment program.