Important Notice: This site is no longer being maintained.
Please visit the new Municode site for the latest information.

13.12.700 – Public notification of significant non-compliance

The Director of Public Works or designee shall publish annually, in the a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the Users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term "significant noncompliance" shall be applicable to all SIUs and CIUs (or any other User that violates paragraphs C, D or H of this Section) and shall mean:

  1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the 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 in Sections 13.12.410, 13.12.420 and 13.12.430 ;
  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- (6-)month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined in Sections 13.12.410, 13.12.420 and 13.12.430 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 violation of a pretreatment standard or requirement as defined by Sections 13.12.410, 13.12.420 and 13.12.430 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director of Public Works or designee believes 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 has caused imminent endangerment to the public or to the environment, or has resulted in the Director of Public Works' or designee’s exercise of his or her 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 an individual or general wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
  6. Failure to provide within forty-five (45) calendar 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(s), which may include a violation of Best Management Practices, which the Director of Public Works or designee determines will adversely affect the operation or implementation of the City pretreatment program.
(2022-M-43: § 1)