§ 28-241. Notice of significant noncompliance and publication.

(a)

The director shall publish annually, notification of users which were in SNC with applicable pretreatment requirements at any time during the previous twelve (12) months. Public notification shall be included in a newspaper(s) of general circulation within the jurisdiction served by the WWF that meets the requirements of F.S. §§ 50.011 and 50.013. For the purpose of this ordinance, a user is in SNC if its violation meets one (1) or more of the following criteria:

(1)

Chronic violations of wastewater discharge limits defined here as those in which sixty-six (66) percent or more of all the measurements taken during a six-month period exceed (by any magnitude), a numeric pretreatment standard or requirement, including instantaneous limits; or

(2)

Technical review criteria (TRC) violations defined here as those in which thirty-three (33) percent or more of all the measurements taken during a six (6) month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, total oil and grease, and 1.2 for all other pollutants except pH); or

(3)

Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WWF personnel or the general public); or

(4)

Any discharge that has resulted in the director's exercise of its emergency authority to halt or prevent such a discharge; or

(5)

Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; or

(6)

Failure to provide, within forty-five (45) days after the due date, any required reports such as BMRs, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; or

(7)

When the SIU fails to respond within the specified time stated on the notice of violation issued by the director; or

(8)

When the SIU fails to accurately report noncompliance; or

(9)

When the SIU reports false "information"; or

(10)

When the SIU intentionally or negligently violates a permit condition or requirement; or

(11)

When the SIU refuses to permit entry to the director for inspection; or

(12)

Any other violation or group of violations, including a violation of BMPs, which the director determines will adversely affect the operation or implementation of the pretreatment program.

(b)

In response to the notice of SNC:

(1)

Failure of the violator to respond within ten (10) working days of the date of receipt may cause the director to issue an administrative fine to the violator in the amount of five hundred dollars ($500.00) and issue a final compliance schedule.

(2)

If the violator requests additional time to correct the violation, it shall submit a compliance schedule outlining what steps will be taken to gain compliance and prevent reoccurrence of the violation(s). The director shall evaluate this request, modify it as he deems necessary and may issue a first compliance schedule requiring the corrective action to be made within a specified period of time.

(Ord. No. C-98-61, § 3, 10-20-98; Ord. No. C-12-49, § 30, 12-18-12 )