The City shall adopt policies, procedures, and regulations as set forth in these City Regulations and the sewer ERP, as approved by resolution of the Kalispell City Council, for carrying out the provisions of this chapter, provided that such policies and procedures are not in conflict with this chapter or any applicable State, Federal law or regulation.
Additionally, the City shall comply with the public participation requirements of 40 CFR Part 25 in the enforcement of National Pretreatment Standards.
(Ord. 1911, 7-17-2023)
A. 
The City shall publish annually, in the largest 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 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. For the purposes of this provision, a SIU (or any user which violates subsection (B)(3), (B)(4) or (B)(8) of this section) is in SNC if its violation meets one or more of the following criteria listed in subsections (B)(1) through (8).
B. 
SNC Criteria:
1. 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all the measurements taken for the same pollutant parameter taken during a six month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Section 23B-2.
2. 
Technical Review Criteria (TRC) Violations (defined here as those in 40 CFR 403.8 Requirements). Thirty-three percent or more of all of the measurements taken for the 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 Section 23B-2, multiplied by the applicable TRC (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 Article 1 (See 40 CFR 403.3(l))(daily maximum, long term average, instantaneous limit, or narrative standard) that the Director 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 human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under Section 23B-62(B)(1) and (2) to halt or prevent such a discharge.
5. 
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.
6. 
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.
7. 
Failure to accurately report noncompliance.
8. 
Any other violation(s), which may include a violation of BMPs, the Director or their designee determines will adversely affect the operation or implementation of the industrial pretreatment program.
(Ord. 1911, 7-17-2023)