(a) Any discharger who accidentally discharges into a MS4 or Waters of the State any substance other then storm water or an exempted discharge shall inform the Municipality within 24 hours of knowledge of the incident. If such information is given orally, a written report concerning the discharge shall be filed with the Municipality within five days. The written report shall specify:
(1) The composition of the discharge and the cause thereof.
(2) The exact date, time, and estimated volume of the discharge.
(3) All measures taken to clean up the accidental discharge and all measures proposed to be taken to reduce and prevent any recurrence.
(4) The name and telephone number of the person making the report, and the name of a person who may be contacted for additional information on the matter.
(b) A properly-reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief as a result of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of Section 1047.067(a).
(Ord. 2015-01. Passed 1-26-15.)