§ 26.50.380. Annual publication of users in significant noncompliance.

A.

The utility shall publish a notice annually, a list of the industrial users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. For the purposes of this provision, a Significant Industrial User (or any Industrial User which violates paragraphs 3, 4, or 8 of this section) is in significant noncompliance if its violation meets one or more of the following criteria:

1.

Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of wastewater measurements taken for the same pollutant parameter during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including instantaneous limits, as defined by 40 CFR 403.3(l);

2.

Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements for each pollutant parameter taken during a six (6) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including instantaneous limits, as defined by 40 CFR 403.3(l), multiplied by the applicable TRC criteria (TRC = 1.4 for BOD, TSS, Total Oil and Grease, and 1.2 for all other pollutants except pH);

3.

Any other violation of a Pretreatment Standard or Requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the utility determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of utility personnel or the general public),

4.

Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the utility's 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 noncompliance; or

8.

Any other violation or group of violations, which may include a violation of Best Management Practices, which the utility determines will adversely affect the operation or implementation of the local pretreatment program.

(AO No. 86-118, 9-4-86; AO No. 2000-129(S), § 22, 11-21-00; AO No. 2009-134, § 1, 1-12-10; AO No. 2012-77, § 25, 8-7-12)

Note— Formerly § 26.50.065.