[R.O. 2011 § 710.460; Ord. No. 17-184 § 1, 9-20-2017]
A.
The Director of Public Works shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of Users which, during the previous twelve (12) months, were in Significant Non-Compliance with applicable Pretreatment Standards and Requirements. The term "Significant Non-Compliance" shall be applicable to all Significant Industrial Users [or any other Industrial User that violates Subsection (A)(3), (4), or (8) below] and shall mean:
1.
Chronic violations of wastewater
discharge limits, defined here as those in which sixty-six percent
(66%) or more of wastewater 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 thirty-three percent (33%) 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 Requirement including Instantaneous Limits multiplied
by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease
and 1.2 for all other pollutants except pH);
3.
Any other discharge violation of
a Pretreatment Standard or Requirement that the Director of Public
Works determines 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
have caused imminent endangerment to the public or to the environment
or has resulted in the Director of Public Works' 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 forty-five
(45) 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 non-compliance;
or
8.
Any other violation(s), which may
include a violation of Best Management Practices, which the Director
of Public Works determines will adversely affect the operation or
implementation of the local pretreatment program.
