The Director of Wastewater shall publish annually,
in the largest daily newspaper published in the municipality where
the POTW is located, a list of the users which, 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 those in which 66% or more of wastewater measurements
taken during a six-month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any amount;
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 equals or exceeds
the product of the daily maximum limit or the average limit 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 discharge violation that the Director of
Wastewater believes 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 Directors exercise of 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; or
H. Any other violation(s) that the Director of Wastewater
determines will adversely affect the operation or implementation of
the local pretreatment program.