(A) Required. Each sewer system user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide for this protection shall be approved by the city before construction of the facility. No user who commences contribution to the POTW shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this article. Copies of the user’s spill prevention control and countermeasure (SPCC) and the pollution incidence prevention plan (PIPP) shall be filed with the city. Each user required to develop a PIPP as provided by Part 5 of the Michigan Water Resources Commission Rules, 1979 ACR 323.1151 et seq., as amended (promulgated pursuant to Part 31 of Act 451 of the Public Acts of Michigan of 1994 MCLA §§ 324.3101 et seq., as amended), shall submit a copy of that plan to the POTW superintendent. The PIPP shall be submitted to the superintendent within 60 days of the effective date of this article for an existing source, or 30 days prior to the date of discharge for a new source.
(B) Secondary containment requirements.
(1) Each user must provide and maintain at the user’s sole expense secondary spill containment structures (including diking, curbing or other appropriate structures) adequate to protect all floor drains from accidental spills and discharges to the POTW of any pollutants or discharges regulated by this article.
(a) The containment area shall be constructed so that no liquid polluting material can escape from the area by gravity through the building sewers, drains, or otherwise directly or indirectly into the POTW.
(b) The containment or curbing shall be sufficient to hold not less than 10% of the total volume of the tanks or containers within the secondary containment structure or provide a capacity of 100% of the largest single tank or container within the secondary containment structure, whichever is larger, unless a lesser containment area or alternate control measures are approved in advance by the POTW superintendent.
(c) The containment structure must accommodate “squirt distance.” Containers within the containment structure must be able to be placed sufficiently back from the edge of the structure so if punctured, the resulting leak will be contained.
(d) The containment structure must be designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25 year, 24-hour rainfall event.
(e) The containment structure shall be constructed with chemical-resistant water stops in place at all joints (if any) and be free of cracks or gaps.
(f) The containment structure shall be designed and installed to completely surround the tank or containers and to cover all surrounding earth likely to come into contact with the waste if released from the tank(s) or containers (i.e., capable of preventing lateral as well as vertical migration of the material).
(g) All floor drains found within the containment area must be plugged and sealed.
(2) Spill troughs and stumps within process areas must discharge to appropriate pretreatment tanks.
(3) Emergency containment shall also be provided for storage tanks that may be serviced by commercial haulers and for chemical storage areas.
(4) Solid pollutants shall be located in secure areas designed to prevent the loss of the materials in the POTW.
(5) Detailed plans showing facilities and operating procedures to provide the protection required by this section shall be submitted to the POTW superintendent for review, and shall be approved by the superintendent before construction. Construction of approved containment for existing sources shall be completed within the time period specified by the POTW superintendent.
(6) No new source shall be permitted to discharge to the POTW until emergency containment facilities have been approved and constructed as required by this section.
(7) The POTW superintendent may order a user to take interim measures for emergency containment as determined necessary by the superintendent under the circumstances.
(C) Immediate notice. For an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of the discharge, type of waste, concentration and volume and corrective actions.
(D) Written notice. Within 48 hours following an accidental discharge, the user shall submit to the manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.
(E) Notice to employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call if a dangerous discharge occurs. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(F) Defense. A documented and verified, bona fide operating upset shall be an affirmative defense to any enforcement action brought by the city POTW against a discharger for any noncompliance with this article or any wastewater discharge permit, contract or waiver, pursuant to this article, which arises out of violations alleged to have occurred during the period of the upset.
(1993 Code, § 68-189) (Ord. passed 1-22-2001; Ord. 2014-01, passed 1-27-2014)