§ 54.046  ACCIDENTAL DISCHARGES.
   (A)   Reporting responsibilities for accidental discharges from industrial activities.
      (1)   In the event of any discharge of a hazardous substance in amounts that could cause a threat to public drinking supplies, a spill having a significant impact as defined by the USEPA and Kentucky State Law, or any other discharge that could constitute a threat to human health or the environment, as may be asserted by the city, the owner or operator of the facility shall give notice to the city and the KYDOW as soon as practicable, but in no event more than four hours after discovery of the accidental discharge or the discharger becomes aware of the spill or discharge.
      (2)   If an emergency response by governmental agencies is needed, the owner or operator should call 911 immediately to report the discharge. A written report containing the following information must be provided to the MS4 representative or their designee within five days of the time the discharger becomes aware of the spill or discharge:
         (a)   A description of the discharge including volumes and concentrations;
         (b)   The exact date and times of the discharge; and
         (c)   Steps taken to eliminate and prevent recurrence of the discharge.
   (B)   Remedial actions for accidental discharges from industrial activities. The industrial discharger shall take all reasonable steps to minimize any adverse impact to the MS4 or waters of the Commonwealth, including accelerated or additional monitoring necessary to determine the nature and impact of the discharge. It shall not be a defense for the discharger in an enforcement action to claim that it would have been necessary to halt or reduce the business or activity of the facility in order to maintain stormwater quality and minimize any adverse impact that the discharge may cause.
   (C)   Reporting responsibilities for accidental discharges from non-industrial activities. In the event of any discharge of a hazardous substance in amounts that could cause a threat to public drinking supplies, a spill having a significant impact as defined by the USEPA and Kentucky State Law, or any other discharge that could constitute a threat to human health or the environment, as may be asserted by the city, the owner, operator, or reporter of the facility shall give notice to the city and the KYDOW as soon as practicable, but in no event more than four hours after discovery of the accidental discharge or the discharger becomes aware of the spill or discharge.
(Ord. 14-08, passed 9-3-2014)  Penalty, see § 54.999