[Ord. 2012-02, 7/5/2012, Part 9]
1. The owner shall publish annually, in a newspaper(s) of general circulation
that provides meaningful public notice within the jurisdiction(s)
served by the owner, a list of industrial users which, during the
previous 12 months, were in significant noncompliance with applicable
pretreatment standards and requirements. The terms significant noncompliance
shall be applicable to all significant industrial user (or any industrial
user which violates Subsection 1C, D or H below) and shall mean:
A. Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of all of the measurements taken for the
same pollutant parameter during a six-month period exceed (by any
magnitude) a numeric pretreatment standard or requirement, including
instantaneous limits, incorporated or established under Subpart B
of this Part.
B. Technical review criteria (TRC) violations, defined here as those
in which 33% or more of all of the measurements taken for the same
pollutant parameter during a six-month period equal or exceed the
product of the numeric pretreatment standard or requirement including
instantaneous limits, incorporated or established under Subpart B
of this Part, multiplied by the applicable TRC (TRC=1.4 for BOD, TSS,
fats, oil, and grease, and 1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment standard or requirement incorporated
or established under Subpart B of this Part (daily maximum, long-term
average, instantaneous limit, or narrative Standard) that the POTW
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.
D. Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in owner 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, required reports
such as 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. Any other violation or group of violations, which may include a violation
of best management practices, which the POTW determines will adversely
affect the operation or implementation of the local pretreatment program.