(a) Any entity who knowingly or accidentally causes an illicit discharge shall immediately notify emergency dispatch services. A written report concerning the illicit discharge shall be filed with the City of Carmel Engineering Department, by the dischargers, within five days. The written report shall specify:
(1) The composition of the discharge and the cause thereof;
(2) The date, time, and estimated volume of the discharge;
(3) All measures taken to remedy the illicit discharge, and all measures proposed to be taken to prevent any recurrence;
(4) The name and telephone number of the entity making the report, and the name and telephone number of the entity who may be contacted for additional information on the matter.
(b) A properly reported illicit discharge shall be an affirmative defense to a civil infraction proceeding brought under this Article against an entity for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the illicit discharge. An illicit discharge shall be considered properly reported only if the entity complies with all the requirements of this section. This requirement does not relieve the entity from notifying other agencies as required by state or federal regulations.
(Ord. D-1794-06, 2-6-06)