§ 110-160. Publication of users in significant noncompliance.

The administrator 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 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 66 percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;

(2)

Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements for each pollutant parameter taken during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC. (TRC = (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3)

Any other violation of a pretreatment standard or requirement (daily, maximum, long-term average, instantaneous limit, or narrative standard) as defined by section 110-153 that the administrator 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 that has resulted in the administrator's exercise of its 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 control mechanism, wastewater discharge permit, or enforcement order for starting construction, completing construction, or attaining final compliance;

(6)

Failure to provide, within 45 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; and

(8)

Any other violation or group of violations, including a violation of best management practices which the administrator determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. No. 98-17, § 10, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)