The Director shall publish annually, in the largest daily newspaper
in the City 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 equal or exceed 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 which the Director believes caused,
alone or in combination with other discharges, interference or pass-through,
including endangering the health of City personnel or the general
public;
D. Any discharge of pollutants which caused imminent danger to the public
or to the environment or resulted in the Director's exercise of emergency
authority to halt or prevent such a discharge;
E. Failure to meet, within 90 days after the due 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 the Director determines will adversely
affect the operation or implementation of the local pretreatment program.