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ORDINANCE NO. 2007-013 SECTION 24. CREATION OF NEW SECTION 201.82 OF THE CODE Commencing on the Effective Date of this Ordinance, the following section is created to read as follows: Section 201.82. Publication of Users in Significant Noncompliance (A) The County Administrator shall publish annually, in the largest daily newspaper circulated in the County, a list of Users that, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. (B) The term significant noncompliance shall mean: (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six- (6-) month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; (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 daily maximum limit or the average limit 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 discharge violation that the County Administrator 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 County Administrator's exercise of its 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 a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; (6) Failure to provide within thirty, (30) 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 the County Administrator determines will adversely affect the operation or implementation of the local pretreatment program. 31