Information and data on a user obtained from
reports, surveys, wastewater discharge permit applications, wastewater
discharge permits and monitoring programs and from the Superintendent's
inspection and sampling activities shall be available to the public
without restriction, unless the user specifically requests and is
able to demonstrate to the satisfaction of the Superintendent that
the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets under
applicable state law. Any such request must be asserted at the time
of submission of the information or data. When requested and demonstrated
by the user furnishing a report that such information should be held
confidential, the portions of a report which might disclose trade
secrets or secret processes shall not be made available for inspection
by the public, but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES program or
pretreatment program, and in enforcement proceedings involving the
person furnishing the report. Wastewater constituents and characteristics
and other effluent data, as defined by 40 CFR 2.302, will not be recognized
as confidential information and will be available to the public without
restriction.
The Superintendent shall publish annually, in
the largest daily newspaper published in the municipality where the
POTW is located, a list of the users which, during the previous 12
months, were in significant noncompliance with applicable pretreatment
standards and requirements. The term significant noncompliance shall
mean:
A. Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of wastewater measurements
taken during a six-month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any amount;
B. Technical review criteria (TRC) violations, defined
here as those in which 33% or more of wastewater measurements taken
for each pollutant parameter during a six-month period equals or exceeds
the product of the daily maximum limit or the average limit multiplied
by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease
and 1.2 for all other pollutants, except pH);
C. Any other discharge violation that the Superintendent
believes 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
the Superintendent's 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 30 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 accurately report noncompliance; or
H. Any other violation(s) which the Superintendent determines
will adversely affect the operation or implementation of the local
pretreatment program.