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(A) (1) All industrial users shall provide the facilities and institute the procedures as are reasonably necessary to prevent or minimize the potential for accidental discharge into the POTW of waste regulated by this chapter from liquid or raw material storage areas, from truck and rail car loading and unloading areas, from in-plant transfer or processing and materials-handling areas and from diked areas or holding ponds of any waste regulated by this chapter.
(2) The wastewater discharge permit of any user who has a history of significant leaks, spills or other accidental discharge of waste regulated by this chapter shall be subject on a case-by-case basis to a special permit condition or the requirement for the construction of facilities and establishment of procedures which will prevent or minimize the potential for such accidental discharge.
(3) (a) Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures shall be submitted to the plant manager before the facility is constructed.
(b) The review and approval of the plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility to provide the protection necessary to meet the requirements of this chapter.
(4) At least once every two years, all significant industrials users will be evaluated to determine if there is a need for plan to control slug discharges. If the plan is required, it will contain, at a minimum, the following elements:
(a) Description of discharge practices, including non-routine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a discharge a prohibition under 40 CFR 403.5(b) with procedures for follow-up written notification within five days; and
(d) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(B) Any person causing or suffering from any accidental discharge shall immediately notify the POTW treatment plant by telephone to enable countermeasures to be taken by the plant manager to minimize damage to the POTW, the health and welfare of the public and the environment. This notification shall be followed, within five days of the date of the occurrence, by a detailed written statement describing the cause of the accidental discharge and measures being taken to prevent future occurrence. The notification will not relieve the user of liability for any expense, loss or damage to the POTW, fish kills or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or state or federal law.
(C) Employers shall insure that all employees who may cause or suffer a dangerous discharge to occur are advised of the emergency notification procedure.
(Prior Code, § 17-420) (Ord. 1505, passed 7-6-93)