(1) Publishing. The Public Works Director must annually publish a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The list will be published in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW.
(2) Definition. The term “significant noncompliance” means:
(a) Any violation of a pretreatment standard or requirement, including numerical limits, narrative standards, and prohibitions, that the Public Works Director 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;
(b) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Public Works Director’s exercise of its emergency authority to halt or prevent such a discharge;
(c) Any violation(s), including violations of BMPs, which the Public Works Director determines will adversely affect the operation or implementation of the local pretreatment program;
(d) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter taken during a rolling six-month period exceed, by any magnitude, a numeric pretreatment standard or requirement, including instantaneous limits of PMC 13.90.050 through 13.90.140;
(e) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a rolling six-month period equal or exceed the product of the numeric pretreatment standard or requirement (including instantaneous limits, as defined by PMC 13.90.040 and PMC 13.90.050 through 13.90.140), multiplied by the applicable criterion. Applicable criteria are 1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH;
(f) Failure to meet, within 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; or
(g) Failure to provide any required report within 45 calendar days after the due date. This includes initial and periodic monitoring reports, and reports on initial compliance and on meeting compliance schedules; or
(h) Failure to accurately report noncompliance.
(3) Applicability. The criteria in subsections (2)(a) through (2)(c) of this section are applicable to all users, whereas the criteria in subsections (2)(d) through (2)(h) of this section are only applicable to SIUs. [Ord. 4169 § 1, 2014; Code 1970 § 13.62.090.]