§ 52.138 ACCIDENTAL DISCHARGES.
   (A)   Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated in this sanitary sewer chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. No user who discharges to the POTW shall be permitted to introduce pollutants into the POTW until accidental discharge procedures have been approved by the city. Review and approval of the 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 subchapter. In the case of 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 discharge, type of waste, concentration and volume. Furthermore, the industrial user shall take immediate action to contain and minimize the accidental discharge to the POTW so as to prevent interference with and/or damage to the POTW and notify the POTW of the corrective actions. Industrial users that store hazardous substances shall not contribute to the POTW unless a spill prevention plan has been approved by the POTW. Approval of the plans shall not relieve the industrial user from complying with all other laws and regulations governing the use, storage and transportation of hazardous substances. The POTW shall evaluate each significant industrial user at least once every two years and other industrial users as necessary to determine whether the user needs a plan to control slug discharges.
   (B)   If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
      (1)   Description of discharge practices, including non-routine batch discharges;
      (2)   Description of stored chemicals;
      (3)   Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under § 52.132, with procedures for follow-up written notification within five days; and
      (4)   If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response.
      (5)   Significant industrial users are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
   (C)   Within five days following an accidental discharge, the industrial user shall submit to the Superintendent a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. The 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 persons or property, nor shall the notification relieve the user of any fines, civil penalties or other liability which may be imposed by this subchapter or other applicable laws or ordinances. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause a dangerous discharge to occur or who may suffer from a discharge are advised of the emergency notification procedure.
(1999 Code, § 101.09) (Ord. 2558, passed 11-28-2017) Penalty, see § 52.999