Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, monitoring
programs, and from the control authority's inspection and sampling
activities shall be available to the public without restriction, unless
the user specifically requests, and is able to demonstrate to the
satisfaction of the control authority, 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 data. When requested and demonstrated by the 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.
The control authority 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 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 Subsection
C, D or H of this section) and shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in §
117-67;
B. Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by §
117-67, 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 §
117-67 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority 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
the control authority's exercise of its emergency authority to halt
or prevent such a discharge;
E. Failure to meet, within 30 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; or
H. Any other violation(s), which may include a violation
of best management practices, which the control authority determines
will adversely affect the operation or implementation of the local
pretreatment program.