The pretreatment coordinator will publish annually, in a newspaper
of general circulation in Del Norte County, a list of the users, if
any, that at any time during the previous twelve months were in significant
noncompliance with applicable Pretreatment Standards and Requirements.
The term significant noncompliance may be applied to any significant
industrial users or an industrial user that violates subsection C,
D or H of this section and means:
A. Chronic
violations of wastewater discharge limits, defined here as those in
which sixty-six percent 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 Article 2;
B. Technical
review criteria (TRC) violations, defined here as those in which thirty-three
percent or more of wastewater measurements taken for each pollutant
parameter during a six-month period equals or exceeds the product
of the numeric Pretreatment Standard or Requirement including Instantaneous
Limits, as defined by Article 2 multiplied by the applicable criteria
(1.4 for BOD5, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH);
C. Any
other violation of a Pretreatment Standard or Requirement as defined
by Article 2 (daily maximum, long-term average, instantaneous limit,
or narrative standard) that the pretreatment coordinator 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 a pollutant that has caused imminent endangerment to
the public or to the environment, or has resulted in the pretreatment
coordinator's exercise of his or her emergency authority to halt or
prevent such a discharge;
E. Failure
to meet, within ninety days of the scheduled date, a scheduled compliance
milestone contained in an individual wastewater discharge permit or
a general permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
F. Failure
to provide within forty-five 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 promptly and accurately report noncompliance; or
H. Any
other violation(s), which may include a violation of best management
practices, which the pretreatment coordinator determines will adversely
affect the operation or implementation of the local pretreatment program.
(Ord. 757 § 9, 2010; Ord. 816 § 4, 2019)