(A) Facilities to prevent accidental discharge. Where required, a user shall provide protection from accidental discharge to the POTW of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge or 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 this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All required users shall complete such a plan within 180 days after the adoption of this chapter. If required by the city, a user who commences contribution to the POTW after the effective date of this chapter shall not be permitted to introduce pollutants into the system 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 chapter.
(B) Accidental discharge responsibilities.
(1) Verbal notice. In the case of an accidental discharge to the POTW, it is the responsibility of all users to immediately telephone and notify the WWTP Superintendent of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(2) Written notice. Within five days following an accidental discharge to the POTW, the user shall submit to the city a detailed written report to the WWTP Superintendent describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. This 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 the notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
(3) Notice to employees. For users discharging industrial wastes, a notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees of whom to call in the event of an accidental discharge to the POTW. Such employers shall ensure that all employees who may cause or witness an accidental discharge are advised of the notification procedure of this division.
(4) The WWTP Superintendent will review each incident of accidental discharge to the POTW to determine severity, cause, and preventive measures required to ensure against future occurrence. The review process may include any appropriate actions against the user including, but not limited to, service discontinuance (water and/or sewer), fines or penalties, and/or judicial proceedings. Any costs incurred by the city for this review including personnel time and benefits, laboratory costs, equipment rental, etc., may be charged to the user.
(C) Slug control plan.
(1) The WWTP Superintendent may, by written notice to a user, require that user to prepare and implement a slug control plan. The plan shall be submitted to the WWTP Superintendent for approval as specified in the written notice.
(2) The plan shall contain at least the following:
(a) A description of all discharge practices including non-routine batch discharges;
(b) A description of stored materials;
(c) Procedures for immediately notifying the Wastewater Superintendent of slug discharges to the POTW, including any discharge that would violate any prohibition under § 51.040 or § 51.041 of this chapter or any applicable national categorical pretreatment standard, and procedures for follow-up written notification within five days;
(d) Procedures to prevent adverse impacts from accidental spills including but not limited to inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing solvents and other toxic organic pollutants, and measures or equipment for emergency response.
(3) The WWTP Superintendent will evaluate each new significant industrial user, within one year of being designated as such, regarding the need for a slug control plan. Each existing significant industrial user not required to have a slug control plan will be re-evaluated by the WWTP Superintendent at least once every two years.
(D) Upset provisions.
(1) Users discharging industrial wastes shall control production of all discharges to the POTW to the extent necessary to maintain compliance with pretreatment standards and requirements upon reduction, loss, or failure of a pretreatment facility until such facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(2) An upset shall not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(3) An upset shall constitute an affirmative defense to an enforcement action brought for noncompliance with pretreatment standards and requirements only if the user demonstrates through operating logs or other relevant evidence that:
(a) An upset occurred and the cause(s) of the upset can be identified;
(b) The facility was at the time being operated in a prudent and workman-like manner, and in compliance with standard operating and maintenance procedures; and
(c) The user provided the city with a report of potential problems pursuant to § 51.054(D) of this chapter.
(4) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(E) Bypasses.
(1) A user discharging industrial wastes may allow a bypass to occur if it does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to assure efficient operation. Such bypasses shall not be subject to the requirements of divisions (E)(2) and (3), below.
(2) Except as provided in division (E)(3), below, bypass is prohibited and the city may take enforcement action against the user unless:
(a) The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. For the purposes of this division, severe property damage means substantial physical damage to property, damage to the user’s treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in absence of a bypass. Severe property damage does not mean economic loss caused by delays in production;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(c) The user provided the city with a notification of potential problems pursuant to § 51.054(D) of this chapter.
(3) If a user discharging industrial wastes knows in advance of the need for a bypass, it shall submit prior notice to the WWTP Superintendent at least ten days before the date of the bypass if possible; if not possible, prior notification shall be made to the WWTP Superintendent as soon as the need for a bypass becomes known. The WWTP Superintendent may approve an anticipated bypass, after considering its adverse effects, if it is determined that there are no feasible alternatives to the bypass including but not limited to use of auxiliary treatment facilities, retention of untreated wastes, or actions during normal periods of equipment downtime.
(Ord. 257, passed 6-3-91; Am. Ord. 333, passed 5-16-16) Penalty, see § 51.999