(A) In the event of any discharge of a hazardous substance in amounts that could cause a threat to public drinking supplies, a spill beyond that of de minimus levels, or any other discharge that could constitute a threat to human health or the environment, as may be asserted by the county, the owner or operator of the facility shall give notice to the county and the IDEM as soon as practicable, but in no event later than two hours after discovery of the accidental discharge or the discharger becomes aware of the circumstances.
(B) If an emergency response by governmental agencies is needed, the owner or operator should call 911 immediately to report the discharge. Furthermore, as required by the State Spill Rule (327 I.A.C. 2-6.1-7), reports must be made within two hours of discovery. A written report must be provided to the county within five days of the time the discharger becomes aware of the circumstances, unless this requirement is waived by the county for good cause shown on a case-by-case basis, containing the following information:
(1) A description of the discharge;
(2) The exact dates and times of discharge; and
(3) Steps being taken to eliminate and prevent recurrence of the discharge.
(C) The discharger shall take all reasonable steps to minimize any adverse impact to the MS4 or the waters of the state, 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 water quality and minimize any adverse impact that the discharge may cause.
(Ord. 19-2004, passed 12-16-2004)