Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permit,
and monitoring programs, and from the Director'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 Director 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 Director shall publish annually, in the largest daily newspaper
published in the City of Aberdeen, 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 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 Director'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 the Director determines will adversely
affect the operation or implementation of the local pretreatment program.
