A. In the event a permittee or the operator of a food facility is unable to comply with any provision of this chapter or with any condition of a FOG wastewater discharge permit due to a breakdown of equipment, accidents, or human error or if the permittee has reasonable opportunity to know that his, her or its discharge will exceed the discharge provisions of the FOG wastewater discharge permit or this chapter or applicable water quality standards under applicable laws and regulations of a regulatory agency or the sewer WDRs, or may cause a SSO, a sewer blockage or other interference with the sewer system or sewer facilities, the discharger shall immediately notify the city by telephone at the number specified in the permit. If the material discharged to the sewer system has the potential to cause or results in sewer blockages or sewer interference or a SSO, the discharger shall also immediately notify the Orange County Health Department.
B. Confirmation of the discharger’s notification shall be made in writing to the City Manager at the address specified in the permit no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring.
C. Notification by a permittee of a spill shall not relieve the permittee or any other person or entity of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the city or any other public agency or regulatory agency or any other damage or loss to person or property; nor shall such notification relieve the permittee of any fees or other liability which may be imposed by this chapter or other applicable law.
(Ord. 1137, passed 4-20-10)