§ 41-40. Publication of users in significant noncompliance.

The director shall publish annually, in the largest daily newspaper published in the city, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance means:

(a)

Chronic violations of wastewater discharge limits; those in which sixty-six (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;

(b)

Technical review criteria (TRC) violations; those in which thirty-three (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, fats, oils and grease, and 1.2 for all other pollutants except pH);

(c)

Any other discharge violation that the director and/or TRA believes has caused, alone or in combination with other discharges, interference or pass through or which endangered the health or safety of POTW personnel or the general public;

(d)

Any discharge of pollutants that has caused imminent danger to the public or to the environment, or has resulted in the director's or TRA's exercise of its emergency authority to halt or prevent it;

(e)

Failure to meet, within ninety (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 thirty (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 violation which the director or TRA determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. No. 8140, § 1, 3-20-03)