[Ord. No. 3393 §1, 4-20-2010]
A. The
Superintendent shall publish annually, in a newspaper of general circulation
that provides meaningful public notice within the jurisdictions served
by the POTW, a list of the users which, at any time during the previous
twelve (12) months, were in significant non-compliance with applicable
pretreatment standards and requirements. The term significant non-compliance
shall be applicable to all significant industrial users (or any other
industrial user that violates Subparagraphs (3), (4) or (8) of this
Section) and shall mean:
1. Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent (66%) or more of all the measurements
taken for the same pollutant parameter taken during a six (6) month
period exceed (by any magnitude) a numeric pretreatment standard or
requirement, including instantaneous limits as defined in this Chapter;
2. Technical review criteria (TRC) violations, defined here as those
in which thirty-three percent (33%) or more of wastewater measurements
taken for each pollutant parameter during a six (6) month period equals
or exceeds the product of the numeric pretreatment standard or requirement
including instantaneous limits as defined by this Chapter multiplied
by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease
and 1.2 for all other pollutants except pH);
3. Any other violation of a pretreatment standard or requirement as
defined by this Chapter (daily maximum, long-term average, instantaneous
limit or narrative standard) that the Superintendent determines has
caused, alone or in combination with other discharges, interference
or pass through, including endangering the health of POTW personnel
or the general public;
4. Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment or has resulted in the Superintendent's
exercise of its emergency authority to halt or prevent such a discharge;
5. Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in an individual wastewater
discharge permit or enforcement order for starting construction, completing
construction or attaining final compliance;
6. Failure to provide within forty-five (45) 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;
7. Failure to accurately report non-compliance; or
8. Any other violation(s), which may include a violation of Best Management
Practices, which the Superintendent determines will adversely affect
the operation or implementation of the local pretreatment program.