§ 111-140. Publication of users in significant noncompliance.

The director shall publish annually in the city's legal organ a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. In addition, this list shall be publicized on the city's website. The term "significant noncompliance" means:

(1)

Chronic violations of wastewater discharge limits, defined here as those in which 66 percent 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;

(2)

Technical review criteria (TRC) violations, defined here as those in which 33 percent 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, and oil and grease, and 1.2 for all other pollutants [including TKN, phosphorous, and COD] but does not include pH);

(3)

Any other discharge violation the director 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;

(4)

Any discharge of pollutants that has caused imminent endangerment of the public or to the environment, or has resulted in the director exercising his emergency authority 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 or completing construction, or attaining final compliance;

(6)

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;

(7)

Failure to accurately report noncompliance; or

(8)

Any other violation(s) which the director determines will adversely affect the operation of implementation of the local pretreatment program.

( Ord. of 2-18-2014 , § 111-140)