Amending Chapter 17, article 2, relating to pretreatment requirements for the use of public sewers

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date of filing. The Board of Public Works shall make a final ruling on the appeal within thirty (30) days of the close of the meeting. The Director's decision, action, or determination shall remain in effect during such period of reconsideration and appeal. (o) Judicial enforcement remedies. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this section, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Director may petition the Circuit or Superior Court for St. Joseph County for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this section on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the City. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user, nor shall any other remedy herein be deemed a prerequisite to seeking injunctive relief. (p) Remedies. The provisions of this section are not exclusive remedies. The City reserves the right to take any, all or a combination of these actions against a noncompliant user, separately or concurrently, and may also exercise any other remedies provided by law. (q) Annual publication of significant violators. The Director shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the industrial users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean: (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of wastewater measurements taken during asix-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 (33) percent or more of wastewater measurements taken for each pollutant parameter during asix-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 Director believes has caused, along or in combination with other discharges, interference or pass through (including endangering the health of Bureau 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 City's exercise of its emergency authority to halt or prevent such a discharge. 19