§ 6-13.403. Notice of noncompliance.

The City will comply with the public participation requirements of 40 CFR 403.8(f)(2)(viii) in the enforcement of national pretreatment standards. These procedures must include provisions for no less than annual public notification in a newspaper(s) of general circulation within the jurisdiction(s) served by the POTW of Users, which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or other pretreatment requirements.

A user is in significant noncompliance if one or more of the following occur:

(a)

Chronic violation of wastewater Discharge limits;

(b)

Technical review criteria violations;

(c)

Any other violation of a pretreatment standard or pretreatment requirement that the Director determines has caused, alone or in combination with other discharges, interference or pass through or endangerment to the health of POTW personnel or the 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 exercise of the Director's emergency authority to halt or prevent such discharge;

(e)

Failure to meet, within ninety (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 forty-five (45) days after the due date, reports as required in this chapter;

(g)

Failure to accurately report noncompliance; or

(h)

Any other violation or group of violations, which may include a violation of BMPs, which the Director determines will adversely affect the operation of the POTW or implementation of the local pretreatment program.

(§ 1, Ord. 1170, eff. April 21, 2011)