(A) Accidental discharges.
(1) Each industrial user having the ability to cause interference with the POTW treatment plant or to violate the regulatory provisions of this chapter shall provide protection from accidental discharge to the POTW 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 of user’s own cost and expense.
(2) All industrial users whose wastewater includes or could include compatible or incompatible pollutants in amounts great enough to cause interference with the POTW must, when required by the village, have detailed plans on file at the village showing facilities and operating procedures to provide this protection. Plans shall be approved by the village and meet 40 CFR Part 403, Spill Prevention Control and Countermeasure Plan, conditions before construction of the facility.
(3) No user shall be permitted to introduce pollutants into the system until accidental discharge facilities and procedures, as appropriate, have been approved by the village and installed by the industrial user. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of this chapter.
(B) Immediate notification. In the case of an accidental or deliberate discharge of compatible or incompatible pollutants, which cause interference at the POTW or violate regulatory requirements of this chapter, it shall be the responsibility of the industrial user to immediately telephone and notify the village of the incident. The notification shall include name of caller, location and time of discharge, type of wastewater, concentration, volume, and any corrective actions taken by the user.
(C) Written report. Within 15 days following such an accidental or deliberate discharge the industrial user shall submit to the Village Administrator a detailed written report, describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Follow- up reports may be required by the village as needed. Such report, or reports, shall not relieve the industrial 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 such report relieve the user of any fines, civil penalties, or other liability which may be imposed by this chapter or otherwise. Failure to report accidental or deliberate discharges may, in addition to any other remedies available to the village, result in the revocation of the discharger's wastewater discharge permit.
(D) Interim measures. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement includes the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(E) Notice to employees. A notice in English and the language of common use shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge of a prohibitive material. Employers shall insure that all employees who are in a position to cause, discover, or observe such an accidental discharge are advised of the emergency notification procedures.
(Ord. 03-19, passed 10-20-2003) Penalty, see §§ 53.090 through 53.099