Article X: Publication of Industrial Users in Significant Noncompliance

§ 12.08C.1000 Publication of industrial users in significant noncompliance.

The Control Authority shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the industrial users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and met any of the criteria below:

Chronic violations of wastewater discharge limits in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter during a six (6) month period exceed by any magnitude a numeric pretreatment standard or requirement, including instantaneous limits;

Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all the measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits multiplied by the applicable TRC, which is 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH;

Any other violation(s) of a pretreatment standard or requirement, including daily maximum, long-term average, instantaneous limit or narrative standard that the Control Authority determines to have caused, alone or in combination with other discharges, pass through or interference, including endangering the health of the general public or the health of POTW personnel;

Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Control Authority exercising its emergency authority to halt or prevent such discharge;

Failure to meet a compliance schedule milestone contained in an industrial wastewater discharge permit or compliance order for starting construction, completing construction, or attaining final compliance within ninety (90) days after the milestone schedule date;

Failure to provide, within forty-five (45) days after the due date, any required report, including a baseline monitoring report, 90-Day compliance report, periodic self-monitoring reports, and reports on compliance with compliance schedules;

Failure to accurately report non-compliance; or

Any other violation or group of violations, which may include a violation of best management practices, which the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 28761 Ex. C, 2021-05-25)