Town of Bridgeville, DE Disposition of Information

Information and data on an industrial user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits and monitoring programs and from town 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 town, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state law. 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.

[Amended 11-9-2009 by Ord. No. A09-10]

The Town shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, the industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. For purposes of this provision, a significant industrial user (or any industrial user which violates Subsections C, D or H of this section) is in “significant noncompliance” if its violation meets one or more of the following criteria:

Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the wastewater measurements taken during a six-month period exceed (by any magnitude), for the same pollutant parameter, a numeric pretreatment standard or requirement including instantaneous limits.

Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable TRC criteria (i.e. TRC = 1.4 for TBOD, SBOD, TSS, oils and grease, and 1.2 for all other pollutants except pH).

Any other discharge violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Town believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of Town personnel or the general public.

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment or has resulted in the Town's exercise of its emergency authority to halt or prevent such a discharge.

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 attending final compliance.

Failure to provide, within 30 days after the due date, any required reports, including baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules.

Failure to accurately report noncompliance.

Any other violations which may include a violation of best management practices (BMPs) the Town determines will adversely affect the operation or implementation of the local pretreatment program.