(A) Generally. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this subchapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the control authority and the township for review and shall be approved by the control authority under the terms of this subchapter and by the township under other applicable ordinances before construction of the facility. No user shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the control authority and the township. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this subchapter. In the case of an accidental discharge, it is the responsibility of the user to immediately notify the control authority and the township of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions.
(B) Written notice. Within five days following an accidental discharge, the user shall submit to the control authority and the township a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this subchapter or other applicable law.
(C) Notice to employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause or suffer such an accidental discharge to occur are advised of the emergency notification procedures.
(Ord. 199, passed 10-13-2010)