§ 98-166. Publication of industrial users in significant noncompliance.

As required by the public participation requirements of 40 CFR Part 25, on July 31 of each year the director shall cause to be published in the largest daily newspaper published in the city a list of all industrial users which at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. For the purpose of this section, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:

(1)

Chronic violations of wastewater discharge limits, defined as those in which 66 percent or more of all of the measurements taken during a six-month period exceed by any magnitude the daily maximum limit or the average limit for the same pollutant parameter;

(2)

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC:1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

(3)

Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the director determines has caused interference or pass through, including endangering the health of POTW personnel or the general public;

(4)

Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under section 98-198 to halt or prevent such a discharge;

(5)

Failure to meet, within 90 days after the schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;

(6)

Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance; or

(8)

Any other violation or group of violations the director determines will adversely affect the operation or implementation of the local pretreatment program.

(Code 1967, § 34-62; Ord. No. 6191, § 12, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 5, 5-11-06)