§ 5-6-222. Annual notice of significant noncompliance.

The engineer shall publish at least annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the authority, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements imposed by this division. A user shall, for purposes of this section, be in significant noncompliance for any of the following reasons:

(1)

chronic violations of wastewater discharge limits, defined as those in which 66 percent or more of all the measurements taken during a six-month period exceed, by any magnitude, a numeric pretreatment standard or requirement, including instantaneous limits, as defined by section 5-6-102;

(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 numeric pretreatment standard or requirement, including instantaneous limits, as defined in section 5-6-102; multiplied by the applicable TRC (1.4 for conventional pollutants and 1.2 for all other pollutants, except pH);

(3)

any other violation of a pretreatment standard or requirement as term average, that the authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of the general public or authority personnel;

(4)

any discharge of one or more pollutants that has caused imminent danger to human health, welfare or the environment or has resulted in the authority's exercise of its emergency authority under 40 C.F.R. 403.8(f)(1)(vi)(B) to halt or prevent such discharge;

(5)

failure to meet, within 90 days after the scheduled date, a compliance milestone, contained in a wastewater discharge permit or an enforcement order, for starting construction or attaining final compliance;

(6)

failure to provide, within 45 days after its due date, any report required by this ordinance, such as a baseline monitoring report, a 90-day compliance report, a periodic self-monitoring report, or a report on compliance with a compliance schedule;

(7)

failure to report noncompliance in a timely and accurate manner; and

(8)

any violation or group of violations, which may include a violation of Best Management Practices, of this division that the authority determines has or will adversely affect the operation or implementation of the local pretreatment program. (Ord. No. 4501, 10/13/07, Sec. 1)