(A) Notwithstanding other requirements of law, as soon as a discharger has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the United States, that person shall take all necessary steps to ensure that containment and cleanup of such release is properly completed in a manner to minimize discharges. In the event of such a release of hazardous materials, that person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, that person shall notify the city Storm Water Coordinator concerning the discharge, or if after normal business hours, inform the city on the first business day following the accidental discharge. Accidental discharges that are responded to by the fire or police or other emergency responders do not have to comply with this requirement. Reports of accidental discharges which are responded to by the fire or police or other emergency responders shall be provided to the city Storm Water Coordinator as soon as the reports are completed by the emergency personnel. If that information is given orally, a written report concerning the discharge shall be filed with the city's Storm Water Coordinator within five days.
(B) The written report shall specify:
(1) The composition of the discharge and the cause thereof;
(2) The exact date, time, and estimated volume of the discharge;
(3) All measures taken to clean up the accidental discharge, and all measures proposed to be taken to reduce and prevent any recurrence; and
(4) The name and telephone number of the person making the report, and the name of a person who may be contacted for additional information on the matter.
(C) A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for the discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of § 157.067.
(Ord. 35-2004, passed 10-12-04; Am. Ord. 37-2005, passed 10-11-05) Penalty, see § 157.999