The city shall publish annually, in a newspaper of general circulation that provides meaningful notice within the jurisdiction(s) served by the POTW, a list of the industrial users which, during the previous twelve (12) months (prior pretreatment year), were in significant noncompliance with applicable pretreatment standards and requirements. The term “significant noncompliance” shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all of the measurements taken for the same pollutant during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);
(2)
Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent 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, as defined by 40 CFR 403.3(l) multiplied by the applicable TRC criteria (TRC = 1.4 for BOD, TSS, fats, oil and grease; and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the city determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public);
(4)
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment, or has resulted in the city’s exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(5)
Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a local control mechanism 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, required reports including baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7)
Failure to accurately report noncompliance;
(8)
Any other violation or group of violations, which may include a violation of best management practices, which the city determines will adversely affect the operation or implementation of the local pretreatment program.
(Ordinance 6444 adopted 1/3/22)