City of Las Vegas, NM Article IX Annual Publication

§ 435-41 Requirement to publish.

The City of Las Vegas shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.

§ 435-42 Significant noncompliance.

The term significant noncompliance shall mean:

A. Chronic violations. 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. TRC violations. 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. Discharge violations. Any other discharge violation that the City of Las Vegas believes has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of City of Las Vegas personnel or the general public).

D. Endangerment. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City of Las Vegas' exercise of its emergency authority to halt or prevent such a discharge.

E. Failure to comply. 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 report. 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.

G. Failure to accurately report noncompliance.

H. Other violations. Any other violation(s) which the City of Las Vegas determines will adversely affect the operation or implementation of the local pretreatment program.