(A) As soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information about any known or suspected release of material that may result in illegal discharges or pollutants entering the storm sewer system or watercourses, the person shall take all necessary steps to ensure the timely discovery, containment, and cleanup of the release.
(B) In the event of a release of hazardous material, the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.
(C) In the event of a release of non-hazardous materials, the person has notify the Department of Stormwater Management or authorized enforcement agency in person or by phone or facsimile no later than the next business day.
(D) (1) If the report is made in person or by phone, the reporting party shall confirm the notice in writing addressed to the DSM within five days.
(2) The written report shall specify:
(a) The composition of the discharge and the cause thereof;
(b) The date, time, and estimated volume of the discharge;
(c) All measures taken to clean up the accidental discharge and all measures proposed to be taken to prevent any recurrence; and
(d) The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.
(E) (1) A properly reported accidental discharge shall be an affirmative defense to a civil proceeding brought under this chapter against a discharger for the discharge.
(2) The report itself 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 because of or arising out of the discharge.
(3) A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section.
(4) This requirement does not relieve the discharger from notifying other entities as required by state or federal regulations.
(Prior Code, § 54.072) (Ord. 0-08-0005, passed 3-24-2008) Penalty, see § 54.999