Each categorical and non-categorical user shall provide necessary protection from accidental discharge of prohibited materials or other substances regulated by this chapter. 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 this protection shall be submitted to the POTW for review when required, and shall be approved by the Board before construction of the facility. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the POTW. 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 chapter.
In the case of an accidental discharge or operations upset which places the user in a temporary state of noncompliance with this chapter or which could cause problems to the POTW, including any slug loadings as defined by Section 1040.07(n), it is the responsibility of the user to immediately (within twenty-four hours) telephone and notify the POTW of the incident. The notification shall include the location of the discharge, the type of waste, the concentration and volume and corrective actions.
Within five days following oral notification of an accidental discharge or operations upset, the user shall submit to the Superintendent a detailed written report containing the following:
(a) A description of the upset, the cause thereof and its impact on the discharger's compliance status;
(b) The duration of the noncompliance, including exact dates and times. If such noncompliance is to continue, a statement addressing when compliance can reasonably be expected to occur; and
(c) All steps taken, or to be taken, to reduce, eliminate and prevent a recurrence of such an upset or other condition of noncompliance.
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 persons or property, nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.
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 insure that all employees who may cause or suffer such a dangerous discharge to occur are advised of emergency notification procedures.
(Ord. 97-4. Passed 9-8-97.)