(A) Compliance with standards:
(1) Upon the promulgation of the categorical pretreatment standards for a particular industrial subcategory, the federal Standard, if more stringent than limitations imposed under this chapter for sources in that subcategory, shall immediately supersede the limitations imposed under this chapter.
(2) State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this chapter or any other applicable ordinance.
(3) No discharger shall increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the Pretreatment Requirements set forth in this chapter.
(4) The Control Authority may impose mass limitations on Dischargers where the imposition of mass limitations is deemed appropriate.
(B) Accidental discharges.
(1) Prevention of accidental discharges. Each discharger shall provide prudent protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's costs and expense. When applicable, detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Control Authority for review, and shall be approved by the Control Authority before construction of the facility. Each existing discharger as designated by the Control Authority shall complete its plan and submit same to the Control Authority within 60 days after the effective date of this chapter. No designated discharger proposing to connect or contribute any wastewater to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge protection procedures have been approved by the control authority. Review and approval of such plans and operating procedures by the control authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter.
(2) Notice of accidental discharges or "slugloads":
(a) Dischargers shall notify the Control Authority orally as soon as practicable but not later than within 24 hours following the occurrence of a "slugload" or accidental discharge of substances prohibited by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions.
(b) A written report shall also be provided within five days of the occurrence. The written report shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and time, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. The Control Authority may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(c) Notification shall not relieve the discharger of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish fills, or any other damage to person or property; nor shall such notification relieve the discharger of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.
(3) Liability due to accidental discharges of "slugloads". Any discharger who discharges "slugloads" or prohibited materials shall be liable, pursuant to § 52.78, for any expense, loss, or damage to the POTW caused thereby, in addition to the amount of any fines imposed on the Control Authority on account thereof under State and Federal law.
(4) Instructions to employees. Each employer shall instruct all applicable employees who may cause or discover such a discharge with respect to emergency notification procedures including the proper telephone number and/or extension number of the Control Authority to be notified.
(Ord. 338A, passed 5-5-92) Penalty, see § 52.99