When requested by the Superintendent, a user must submit information
on the nature and characteristics of its wastewater within 30 days
of the request. The Superintendent is authorized to prepare a form
for this purpose and may periodically require users to update this
information.
A.
Wastewater discharge permit requirement.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Superintendent, except that a significant industrial user that has filed a timely application pursuant to § 11.30B of this chapter may continue to discharge for the time period specified therein.
(2)
The Superintendent may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this chapter.
(3)
Any violation of the terms and conditions of a wastewater discharge
permit shall be deemed a violation of this chapter and subjects the
wastewater discharge permittee to the sanctions set out in Subchapter
V of this chapter. Obtaining a wastewater discharge permit does not
relieve a permittee of its obligation to comply with all Federal and
State pretreatment standards or requirements or with any other requirements
of Federal, State, and local law.
B.
Wastewater discharge permitting: existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this chapter and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the Superintendent for a wastewater discharge permit in accordance with § 11.30D of this chapter, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this chapter except in accordance with a wastewater discharge permit issued by the Superintendent.
C.
Wastewater discharge permitting: new connections. Any user required to obtain a wastewater discharge permit that proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with § 11.30D of this chapter, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.
D.
Wastewater discharge permit application contents.
(1)
All users required to obtain a wastewater discharge permit must submit
a permit application. The Superintendent may require all users to
submit as part of an application the following information:
(b)
Description of activities, facilities, and plant processes on
the premises, including a list of all raw materials and chemicals
used or stored at the facility which are, or could accidentally or
intentionally be, discharged to the POTW;
(c)
Number and type of employees, hours of operation, and proposed
or actual hours of operation;
(d)
Each product produced by type, amount, process or processes,
and rate of production;
(e)
Type and amount of raw materials processed (average and maximum
per day);
(f)
Site plans, floor plans, mechanical and plumbing plans, and
details to show all sewers, floor drains, and appurtenances by size,
location, and elevation, and all points of discharge;
(g)
Time and duration of discharges; and
(h)
Any other information as may be deemed necessary by the Superintendent
to evaluate the wastewater discharge permit application.
(2)
Incomplete or inaccurate applications will not be processed and will
be returned to the user for revision.
E.
Application signatories and certification. All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and contain the following certification
statement:
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete.
I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for
knowing violations."
F.
Wastewater discharge permit decisions. The Superintendent will evaluate
the data furnished by the user and may require additional information.
Within 90 days of receipt of a complete wastewater discharge permit
application; the Superintendent will determine whether or not to issue
a wastewater discharge permit. The Superintendent may deny any application
for a wastewater discharge permit.
A.
Wastewater discharge permit duration. A wastewater discharge Permit
shall be issued for a specified time period, not to exceed five years
from the effective date of the permit. A wastewater discharge permit
may be issued for a period less than five years, at the discretion
of the Superintendent. Each wastewater discharge permit will indicate
a specific date upon which it will expire.
B.
Wastewater discharge permit contents. A wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by
the Superintendent to prevent pass through or interference, protect
the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management
and disposal, and protect against damage to the POTW.
(1)
Wastewater discharge permits must contain:
(a)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five years;
(b)
A statement that the wastewater discharge permit is nontransferable without prior notification to South Milwaukee in accordance with § 11.31E of this chapter, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c)
Effluent limits based on applicable pretreatment standards;
(d)
Self-monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on Federal, State, and local law;
(e)
A statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable Federal, State, or local law; and
(f)
Provisions to prevent accidental, unanticipated, non-routine,
or slug discharges, when it is determined by the Superintendent that
such provisions are necessary.
(2)
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(a)
Limits on the average and/or maximum rate of discharge, time
of discharge, and/or requirements for flow regulation and equalization;
(b)
Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate, or prevent the introduction of pollutants
into the treatment works;
(c)
Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW;
(d)
The unit charge or schedule of user charges and fees for the
management of the wastewater discharged to the POTW;
(e)
Requirements for installation and maintenance of inspection
and sampling facilities and equipment;
(f)
A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable Federal and State pretreatment standards, including
those which become effective during the term of the wastewater discharge
permit; and
(g)
Other conditions including a Best Management Practice condition
as deemed appropriate by the Superintendent to insure compliance with
the chapter and State and Federal laws, rules and regulations.
C.
Wastewater discharge permit appeals. The Superintendent shall provide
public notice of the issuance of a wastewater discharge permit. Any
person, including the user, may petition the Superintendent to reconsider
the terms of a wastewater discharge permit within 30 days of notice
of its issuance.
(1)
Failure to submit a timely petition for review shall be deemed to
be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
(3)
The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
(4)
If the Superintendent fails to act within 30 days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider
a wastewater discharge permit, not to issue a wastewater discharge
permit, or not to modify a wastewater discharge permit shall be considered
final administrative actions for purposes of judicial review.
(5)
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the Milwaukee County Court.
D.
Wastewater discharge permit modification. The Superintendent may
modify a wastewater discharge permit for good cause, including, but
not limited to, the following reasons:
(1)
To incorporate any new or revised Federal, State, or Local pretreatment
standards or requirements;
(2)
To address significant alterations or additions to the user's
operation, processes, or wastewater volume or character since the
time of wastewater discharge permit issuance;
(3)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4)
Information indicating that the permitted discharge poses a threat
to South Milwaukee's POTW, South Milwaukee's personnel,
or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge
permit;
(6)
Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
(7)
Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8)
To correct typographical or other errors in the wastewater discharge
permit; or
(9)
To reflect a transfer of the facility ownership or operation to a
new owner or operator.
E.
Wastewater discharge permit transfer.
(1)
Wastewater discharge permits may be transferred to a new owner or
operator only if the permittee gives at least 30 days' advance
notice to the Superintendent and the Superintendent approves the wastewater
discharge permit transfer. The notice to the Superintendent must include
a written certification by the new owner or operator which:
(2)
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
F.
Wastewater discharge permit revocation.
(1)
The Superintendent may revoke a wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
(a)
Failure to notify the Superintendent of significant changes
to the wastewater prior to the changed discharge;
(b)
Failure to provide prior notification to the Superintendent of changed conditions pursuant to § 11.32E of this chapter;
(c)
Misrepresentation or failure to fully disclose all relevant
facts in the wastewater discharge permit application;
(d)
Falsifying self-monitoring reports;
(e)
Tampering with monitoring equipment;
(f)
Refusing to allow the Superintendent timely access to the facility
premises and records;
(g)
Failure to meet effluent limitations;
(h)
Failure to pay fines;
(i)
Failure to pay sewer charges;
(j)
Failure to meet compliance schedules;
(k)
Failure to complete a wastewater survey or the wastewater discharge
permit application;
(l)
Failure to provide advance notice of the transfer of business
ownership of a permitted facility; or
(m)
Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or this chapter.
(2)
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
G.
Wastewater discharge permit reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with § 11.30D of this chapter, a minimum of 90 days prior to the expiration of the user's existing wastewater discharge permit.
A.
Baseline monitoring report.
(1)
Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Superintendent a report which contains the information listed in paragraph b, below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Superintendent a report which contains the information listed in Subsection A(2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below.
(a)
Identifying information. The name and address of the facility,
including the name of the operator and owner.
(b)
Environmental permits. A list of any environmental control permits
held by or for the facility.
(c)
Description of operations. A brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram, which indicates points of discharge
to the POTW from the regulated processes.
(d)
Flow measurement. Information showing the measured average daily,
maximum daily, and thirty-minute peak flow, in gallons per day, to
the POTW from regulated process streams and other streams, as necessary,
to allow use of the combined wastestream formula set out in 40 CFR
403.6(e).
(e)
Measurement of pollutants.
[1]
The categorical pretreatment standards applicable to each regulated
process.
[2]
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Superintendent, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in § 11.32J of this chapter.
[3]
Sampling must be performed in accordance with procedures identified in § 11.32K of this chapter as set out in 40 CFR 403.12(b)5(iii).
[4]
A minimum of one representative sample is required to compile
the data necessary to comply with the requirements for each regulated
process.
[5]
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the User should
measure the flows and concentrations necessary to allow use of the
combined wastestream formula of 40 CFR 403.6(e) in order to evaluate
compliance with the pretreatment standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e),
this adjusted limit along with supporting data shall be submitted
to the Superintendent.
(f)
Certification. A statement, reviewed by the user's authorized
representative and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis,
and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(g)
Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in § 11.32B of this chapter.
B.
Compliance schedule progress reports. The following conditions shall apply to the compliance schedule required by § 11.32A(2)(g) of this chapter:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No increment referred to above shall exceed nine months;
(3)
The user shall submit a progress report to the Superintendent no
later than 14 days following each date in the schedule and the final
date of compliance including, as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, and, if
appropriate, the steps being taken by the user to return to the established
schedule; and
(4)
In no event shall more than nine months elapse between such progress
reports to the Superintendent.
C.
Ninety-day compliance report. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Superintendent a report containing the information described in § 11.32A(2)(d) through (f) of this chapter. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 11.30E of this chapter.
D.
Periodic compliance reports.
(1)
All significant industrial users shall at a frequency determined by the Superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by Pretreatment Standards and the measured or estimated average and maximum daily flow for the reporting period daily flows. All periodic compliance reports must be signed and certified in accordance with § 11.30E of this chapter.
(2)
All wastewater samples must be representative of the user's
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of a user to keep its monitoring facility
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
E.
Reports of changed conditions. Each user must notify the Superintendent
of any planned significant changes to the user's operations or
system, which might alter the nature, quality, or volume of its wastewater
at least 20 days before the change.
(1)
The Superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 11.30D of this chapter.
(3)
For purposes of this requirement, significant changes include, but
are not limited to, flow increases of 20% or greater, and the discharge
of any previously unreported pollutants.
F.
Reports of potential problems or upset.
(1)
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
Superintendent of the incident. This notification shall include the
location of the discharge, type of waste, concentration and volume,
if known, and corrective actions taken by the user.
(2)
Within five days following such discharge, the user shall, unless
waived by the Superintendent, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
user to prevent similar future occurrences. Such notification shall
not relieve the user of any expense, loss, damage, or other liability
which may be incurred as a result of damage to the POTW, natural resources,
or any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties, or other liability which
may be imposed pursuant to this chapter.
(3)
A notice shall be permanently posted on the user's bulletin
board or other prominent place advising employees whom to call in
the event of a discharge described in paragraph a, above. Employers
shall ensure that all employees, who may cause such a discharge to
occur, are advised of the emergency notification procedure.
G.
Reports from unpermitted users. All users not required to obtain
a wastewater discharge permit shall provide appropriate reports to
the Superintendent as the Superintendent may require.
H.
Notice of violation\repeat sampling and reporting. If sampling performed
by a user indicates a violation, the user must notify the Superintendent
within 24 hours of becoming aware of the violation. The user shall
also repeat the sampling and analysis and submit the results of the
repeat analysis to the Superintendent within 30 days after becoming
aware of the violation. The user is not required to resample if the
Superintendent monitors at the user's facility at least once
a month, or if the Superintendent samples between the user's
initial sampling and when the user receives the results of this sampling.
I.
Notification of the discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 11.32E of this chapter. The notification requirement in this subsection does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of § 11.32A, C and D of this chapter.
(2)
Dischargers are exempt from the requirements of paragraph a, above,
during a calendar month in which they discharge no more than 15 kilograms
of hazardous wastes, unless the wastes are acute hazardous wastes
as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more
than 15 kilograms of nonacute hazardous wastes in a calendar month,
or of any quantity of acute hazardous wastes as specified in 40 CFR
261.30(d) and 261.33(e), requires a one-time notification. Subsequent
months during which the user discharges more than such quantities
of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Superintendent,
the EPA Regional Waste Management Waste Division Director, and State
hazardous waste authorities of the discharge of such substance within
90 days of the effective date of such regulations.
(4)
In the case of any notification made under this subsection, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this chapter, a permit
issued thereunder, or any applicable Federal or State law.
(6)
A user that discharges any toxic pollutant or high-strength wastes
will be charged for any increased costs associated with the discharge.
[Added 10-16-2018 by Ord.
No. 2180]
J.
Analytical requirements. All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
K.
Sample collection.
(1)
Except as indicated in Subsection K(2), below, the user must collect wastewater samples using twenty-four-hour flow proportional composite sampling techniques. In the event flow proportional sampling is infeasible, the Superintendent may authorize the use of time proportional sampling or composited grab samples, where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfide,
and volatile organic compounds must be obtained using grab collection
techniques. A minimum of four grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide, and volatile organics for
new users and users that make changes or install new treatment equipment.
The Superintendent may authorize a single grab sample for these parameters
for existing users periodic compliance reports.
(3)
The Superintendent may authorize the significant user to forgo sampling
for a pollutant if the user demonstrates through sampling and a technical
evaluation of its facility operations, that a given pollutant is neither
present nor expected to be present in the discharge, or is only present
at background levels from intake water without any increase in the
pollutant due to the activities of the user.
L.
Timing. Written reports will be deemed to have been submitted on
the date postmarked. For reports, which are not mailed, postage prepaid,
into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
M.
Recordkeeping. Users subject to the reporting requirements of this
chapter shall retain, and make available for inspection and copying,
all records of information obtained pursuant to any monitoring activities
required by this chapter and any additional records of information
obtained pursuant to monitoring activities undertaken by the user
independent of such requirements. Records shall include the date,
exact place, method, and time of sampling, and the name of the person(s)
taking the samples; the dates analyses were performed; who performed
the analyses; the analytical techniques or methods used; and the results
of such analyses. These records shall remain available for a period
of at least three years. This period shall be automatically extended
for the duration of any litigation concerning the user or South Milwaukee,
or where the Superintendent has specifically notified the user of
a longer retention period.
A.
Right of entry: inspection and sampling. The Superintendent shall
have the right to enter the premises of any user to determine whether
the user is complying with all requirements of this chapter and any
wastewater discharge permit or order issued hereunder. Users shall
allow the Superintendent ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
(1)
Where a user has security measures in force, which require proper
identification and clearance before entry into its premises, the user
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the Superintendent will
be permitted to enter without delay for the purposes of performing
specific responsibilities.
(2)
The Superintendent shall have the right to set up on the user's
property, or require installation of, such devices as are necessary
to conduct sampling and/or metering of the user's operations.
(3)
The Superintendent may require the user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the user at its own expense. All devices used to measure wastewater
flow and quality shall be calibrated as recommended by the manufacturer
to ensure their accuracy.
(4)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the user at the written or verbal request of the Superintendent
and shall not be replaced. The costs of clearing such access shall
be born by the user.
(5)
Unreasonable delays in allowing the Superintendent access to the
user's premises shall be a violation of this chapter.
B.
Search warrants. If the Superintendent has been refused access to
a building, structure, or property, or any part thereof, and is able
to demonstrate probable cause to believe that there may be a violation
of this chapter, or that there is a need to inspect and/or sample
as part of a routine inspection and sampling program of South Milwaukee
designed to verify compliance with this chapter or any permit or order
issued hereunder, or to protect the overall public health, safety
and welfare of the community, then the Superintendent may seek issuance
of a search warrant from the Milwaukee County Court.
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the Superintendent'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 Superintendent, 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 Superintendent shall publish annually, in any paper of general
circulation within the jurisdiction served by the POTW that provides
meaningful public notice, a list of the significant 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, numeric limit,
instantaneous limit, narrative 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, numeric limit, instantaneous limit, narrative
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 applicable to all users that the Superintendent
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 applicable to all users 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;
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 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;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), including but not limited to operational
standards, which the Superintendent determines, will adversely affect
the operation or implementation of the local pretreatment program.
