Article IX. Public Notification Requirement
15.14.090 Publication of users in significant noncompliance.
The director shall publish annually, in “the Bellingham Herald” or other newspaper of general circulation in Bellingham, a list of the users that, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term “significant noncompliance” shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of wastewater measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined by 40 CFR 403.3(l);
B. Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined by 40 CFR 403.3(l), multiplied by the TRC (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a pretreatment standard or requirement as defined by BMC 15.14.104 and 15.14.105 that the director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of city personnel or the general public;
D. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or that has resulted in the city’s exercise of its emergency authority to halt or prevent such a discharge;
E. Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge approval or enforcement order for starting construction, completing construction, or attaining final compliance;
F. Failure to provide, within 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;
G. Failure to accurately report noncompliance; or
H. Any other violation, which may include a violation of BMPs, that the director determines will adversely affect the operation or implementation of the local pretreatment program. [Ord. 2020-07-016 § 1; Ord. 2019-11-032 § 1].