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<baltimore-city-law heading="§ 5-5 Public notice of significant violators.">
  <section prefix="§" num="5-5" heading="Public notice of significant violators.">
    <para num="(a)" heading="“Significant noncompliance” defined.">“Significant noncompliance” means significant violations which meet the criteria as defined by federal general pretreatment regulations (40 CFR Part 403.8):<para num="(1)">chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a 6-month period exceed (by any magnitude) the daily minimum limit or the average limit for the same pollutant parameter;</para>
      <para num="(2)">technical review criteria (“TRC”) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a 6-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);</para>
      <para num="(3)">any other violation of a pretreatment effluent limit (daily maximum or longer-term average) 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);</para>
      <para num="(4)">any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority to halt or prevent such a discharge;</para>
      <para num="(5)">failure to meet, within 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;</para>
      <para num="(6)">failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;</para>
      <para num="(7)">failure to accurately report noncompliance; or</para>
      <para num="(8)">any other violation or violations which the Director determines will adversely affect the operation or implementation of the local pretreatment program.</para>
    </para>
    <para num="(b)" heading="City to publish annual notice.">The City shall publish annually in the largest daily newspaper a list of industrial users which at any time during the previous 12 months were in significant noncompliance with applicable pretreatment requirements.</para>
    <annotation type="Prior Codifications">City Code, 1976/83, art. 25, §§1(cc), 7(j)</annotation>
    <annotation type="History">Ord. 84-129</annotation>
    <annotation type="History">Ord. 91-775</annotation>
  </section>
</baltimore-city-law>
