§ 52.17 NOTIFICATION OF RELEASE OF HAZARDOUS MATERIALS.

   (A)   Notice upon discovery. Whenever a release or threatened release , other than an authorized release , of a hazardous material , in a quantity at or greater than the reportable quantity established for such material under § 52.15 of this chapter, or when the quantity of the released materials is not known, occurs or is imminent at or from any facility of any kind within this county , the person in charge of the facility shall immediately, and under no circumstances delay for more than one hour, upon discovery of the release or threatened release , or evidence that a release has occurred even though it has apparently been controlled, shall cause notice of the existence of such release or threatened release , the circumstances of the same, and the location thereof to the administering agency. Failure to report a release or threatened release , within the specified period of one hour, will be considered a violation of this section.

   (B)   Method of notification. The notice required to be given, by this section, in the county  may be given by telephoning [phone] or 911 (or such other subsequent number that may be established). This call will meet the requirements for notification to local authorities only,

   (C)   Duty to control release . The notice required to be given by this section shall not be construed as forbidding or otherwise exempting any person on or about the facility from which a release has occurred or is threatening to occur from the duty of exercising all diligence necessary to control such release prior or subsequent to making the notice hereinbefore required to the administering agency, especially if such efforts may result in the containment of the release and/or the abatement of extreme hazard to employees or to the public, property of the environment . Delays in reporting due to any in house requirement for notification of on- or off-site owners/supervisors, etc., shall not be acceptable as reason for delay in notification of local authorities required by this section, and any such delay may result in penalties.

   (D)   Duty to report to other agencies. No statement contained in this section shall be construed to exempt or release any person from any other notification or reporting requirement or procedures in accordance with other applicable laws, ordinances, or regulations.

(Ord. O-17-95, passed 11-1-95; Am. Ord. O-04-2003, passed 4-9-03)