(A) Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation, has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation that are resulting in, or may result in illicit discharges or pollutants discharging into stormwater, the MS4, state waters, or waters of the United States; such person shall take all necessary steps to ensure the discovery, containment and cleanup of such release so as to minimize the effects of the discharge.
(1) In the event of such release, and in addition to other notification requirements, the facility shall notify the SWMD, by phone, facsimile or in person, no later than the day following such discharge.
(2) Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the SWMD within three business days of the notice.
(3) If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also:
(a) Retain an onsite written record of the discharge, and the actions taken to prevent its recurrence.
(b) Retain such records and make them available for inspection for at least three years.
(B) In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.
(C) (1) For facilities that operate under existing NPDES permits for stormwater discharge, spill reporting shall be made to the permitting authority in accordance with the permit.
(2) The SWMD shall be provided with copies of any written notification required by the NPDES permit.
(D) Failure to provide notification of a release, as provided in this section, is a violation of this chapter.
(Ord. 2004-19, passed 11-8-04) Penalty, see § 53.99