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e e available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential infonnation and will be available to the public without restriction. The provisions of this Section 8 shall be subject to the provisions of the Texas Public Infonnation Act, codified as Chapter 552, Texas Government Code. In the event of a request under said Act for infonnation which the industrial user or the City may deemed confidential, the City shall request an opinion from the Texas Attorney General as to whether such infonnation is subject to disclosure. SECTION 9 PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT NONCOMPLIANCE The City shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of 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: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; B. Technical Review Criteria (IRC) violation, defined here as those in which thirty-three percent (33%) or more of the measurements for each pollutant parameter taken during a six 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 ); C. Any other violation of a pretreatment effluent limit (daily maximum or long 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); D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR 403.8 (f) (1) (vi) (B) to halt or prevent such a discharge; E. Failure to meet within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or 30