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(A) Annual publication of significant violations.
(1) The Superintendent shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those industrial users which are found to be in significant noncompliance, as defined below, with any provisions of this chapter or any permit or order issued hereunder during the period since the previous publication.(B) Performance bonds. The Superintendent may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder unless such user first files with it a satisfactory bond, payable to the city in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.(2) For the purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;(b) Technical review criteria (TRC) violations, defined herein as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH).
(c) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the control authority 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);
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority of this section to halt or prevent such a discharge;
(e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within 30 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;
(g) Failure to accurately report noncompliances;
(h) Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
(C) Water supply severance.
Whenever an industrial user has violated or continues to violate the provisions
of this chapter or an order or permit issued hereunder, water service to
the industrial user may be severed and service will only recommence, at
the user's expense, after it has satisfactorily demonstrated its ability
to comply.
(Ord. 610.15, passed 6-30-92) Penalty,
see § 51.999
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