§ 33-60. Publication of users in significant noncompliance.

The director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, 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" shall mean:

(1)

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of wastewater measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including monthly average limits as defined in section 33-53;

(2)

Technical review criteria (TRC) violations, defined here as 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 numeric pretreatment standard or pretreatment requirement, including monthly average limits, as defined in section 33-53, multiplied by the applicable criteria (one and four-tenths (1.4)) for BOD, TSS, fats, oils and grease, and (one and two-tenths (1.2)) for all other pollutants except pH);

(3)

Any other violation of a pretreatment standard or pretreatment requirement, as defined in section 33-53 (monthly average limits, long-term average, or narrative standards) that 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 to the public or to the environment, or has resulted in the director's exercise of its emergency authority to halt or prevent such a discharge;

(5)

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;

(6)

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;

(7)

Failure to accurately report noncompliance; or

(8)

Any other violation(s) which may include a violation of best management practices which the director determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. No. 2568, 4-5-10; Ord. No. 2573, 7-19-10)