(a) Upon discovery of a release, the owner and person in control of the property on which a release is occurring or occurred, and the person responsible for the release, shall take appropriate reasonable actions to stop the release, mitigate the potential impact of the release on groundwater and remediate the release. All actions involved in stopping, mitigating, and remediating must be conducted in a timely manner and in accordance with applicable federal, state and local law. If wastes generated during remediation of a regulated substance release are expected to be stored, or are stored on site or elsewhere in the WHPA for a period greater than fourteen days, within that fourteen days the storage must be reported to, and approval obtained from, the Director.
(b) In addition to any other report required by state or federal law, all releases must be reported to the Department in writing within five business days from the date of the release on a regulated substance release form available from the Department. The regulated substance release form shall include, at a minimum, the following:
(1) Location of the release
(2) Name, address, and telephone number of the owner of the property and the person who has possession of the property if different than the owner;
(3) Name and address of the person who caused the release;
(4) Reporting party's name, address, and telephone number (if different from above);
(5) Emergency contact and telephone number for the reporting person;
(6) Description of the nature of the incident, including date, time, location, and cause of the incident; type, concentration, and volume of substance(s) released;
(7) Map showing exact release location, relevant site features (i.e., paved area, storm sewer catch basins/inlets, water features, etc.), scale, and north arrow;
(8) All measures taken and/or intended to be taken to clean up the release; and
(9) All measures proposed to be taken to reduce and prevent any future release.
(c) It is the joint and several obligation of the property owner, person in charge of the property, if other than the owner, and person who was responsible for the release if different from the property owner and other person in charge, to ensure that the regulated substance release form is filed with the Director as required in this subsection. Only one form need be filed if all of the information is accurate and complete. However, if a responsible person knows that the form filed is inaccurate, incomplete, or the circumstances have changed so that the information should be corrected or updated, another form must be filed by the person(s) who have the knowledge.
(d) The Director shall use the regulated substance release form to determine if any additional investigative work needs to be completed to assess the potential impact of the release, whether any additional containment or remediation work needs to be done, and whether the future prevention plan is sufficient.
(Ord. 12-2. Passed 6-19-12.)