(A) Responsibility to notify. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for the emergency response of a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into storm water, the storm drainage system, or waters of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.
(1) In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.
(2) In the event of such a release of any other type of materials, said person shall notify the Department in person or by telephone or facsimile no later than the next business day.
(B) Written confirmation. Personal or telephonic notifications shall be confirmed by written notice addressed and mailed to the Department within 3 business days. The written report shall specify:
(1) The composition of the discharge and its cause;
(2) The 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 prevent any recurrence; and
(4) The name and telephone number of the individual making the report, and the name and telephone number of the individual who may be contacted for additional information on the matter.
(C) Additional notification may be required. This requirement does not relieve the discharger from notifying other entities as required by state or federal regulations.
(D) Records retention. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least 3 years.
(Ord. 5283, passed 12-5-2011)