(A) Notwithstanding other requirements of law, as soon as any person owning, leasing or exercising control over a property, or responsible for emergency response for a property, has information of any known or suspected spill of materials which are resulting or may result in illicit discharges or pollutants discharging into the MS4 or the storm drainage system, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such spill.
(1) In the event of such a spill, said person shall immediately notify local emergency dispatch services and act in accordance with Illinois Emergency Management Agency (IEMA) and IEPA regulations.
(2) Said person shall notify the Department of the spill in person or by phone, facsimile or email no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Department within three business days of the phone notice.
(3) If the spill emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the spill and the actions taken to prevent its recurrence. Such records shall be retained for at least five years.
(B) Proper notice, including containment and cleanup as outlined in division (A) above, shall exempt the notifying parties from applicable fines set forth in § 13-21-20.
(C) Failure to provide notification of a release as provided above is a violation of this article.
(D) Notwithstanding the language of division (B) above, a party causing a spill that contaminates or harms a storm sewer system shall not be relieved of liability for damages resulting from such act.
(Ord. 2020-11-41, passed 11-16-2020)