Austin City Code § 15-10-311 PUBLICATION OF NON-COMPLIANT USERS LIST.
§ 15-10-311 - PUBLICATION OF NON-COMPLIANT USERS LIST.
(A) In this section, significant noncompliance for significant industrial users means those acts described in the following Subdivisions (1) though (8) of this subsection; for all other users other than significant industrial users, significant noncompliance means those acts described in the following Subdivisions (3), (4), and (8) of this subsection:
(1) chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for a the same pollutant parameter taken during a six month period exceed by any magnitude a numeric pretreatment standard or requirement, including instantaneous limits;
(2) technical review criteria violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, multiplied by the following criteria:
(a) 1.4 for biochemical oxygen demand, total suspended solids, fat, oil and grease; and
(b) 1.2 for other pollutants except pH;
(3) any other violation of a pretreatment standard or requirement that the 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;
(4) discharge of pollutants that has caused imminent endangerment to the public or to the environment, or that otherwise has resulted in the City's exercise of its emergency authority to halt or prevent the discharge;
(5) failure to meet, no later than the 90th day after the scheduled date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or otherwise attaining final compliance;
(6) failure to provide no later than the 30th day after the due date, a required report, including a baseline monitoring report, 90-day compliance report, periodic self-monitoring report, and a report on compliance with a compliance schedule;
(7) failure to accurately report noncompliance; or
(8) other violation, which may include a violation of best management practices, that the director determines has or may adversely affect the operation or implementation of the pretreatment program.
(B) The director shall annually provide public notice of a list of the users that the director has determined to be in significant noncompliance with applicable pretreatment requirements during the previous 12 months by publishing the list in a newspaper of general circulation in the City or alternatively, with the Approval Authority's permission, by means of electronic media intended to reach the largest number of members of the general public in the City.
Source: 1992 Code Section 18-2-311; Ord. 031204-14; Ord. 031211-11; Ord. No. 20200729-002, Pt. 48, 8-10-20.