§ 52.25 SPILLS, SLUG DISCHARGES AND OPERATIONAL UPSETS.
   (A)   Slug discharge prevention/control plan.
      (1)   Each significant industrial user (SIU) shall provide protection from spills or slug discharges. The Director shall determine if a slug discharge control plan is required by an SIU. An SIU that is required to have a slug discharge control plan shall implement the plan and not commence discharging to the POTW until the plan has been submitted to the Director. The Director's review of such plan, including any facilities and operating procedures, shall not relieve the SIU from the responsibility to modify such plan as necessary to maintain compliance with applicable federal, state, and local regulations. In addition, the submission of such plan to the Director shall not relieve the SIU of its responsibility to comply with all other laws and regulations governing the use, storage, and transportation of hazardous substances. The SIU shall provide and maintain all facilities needed to implement the plan.
      (2)   The slug discharge control plan may be part of an SIU's existing contingency plan, emergency response plan, or spill plan developed under other federal, state or local regulations. At a minimum, the following elements shall be part of the submitted plan:
         (a)   Description of discharge practices, including non-routine batch discharges;
         (b)   Description of stored chemicals, including chemical name, amount stored and storage location;
         (c)   Notification procedures, in accordance with division (B) of this section, for immediately notifying the POTW of spills or slug discharges, including any discharge prohibited by this chapter.
         (d)   If necessary, procedures to prevent adverse impacts from slug discharges or spills, including, but not limited to, the following;
            1.   Inspection and maintenance of storage areas;
            2.   Handling and transfer of materials;
            3.   Loading and unloading operations;
            4.   Control of plant site runoff;
            5.   Worker training;
            6.   Building of containment structures or equipment;
            7.    Measures for containing toxic organic pollutants, including solvents; and
            8.    Measures and equipment for emergency responses.
      (3)   Such plans shall be revised and updated whenever plant operational changes affect the validity of the plans, but in any case, not less often than every three years. Failure to comply with this requirement may result in administrative enforcement as defined in § 52.06(A). Any significant plan revisions, including revisions involving construction of new facilities, shall be submitted to the Director prior to implementation of such revisions.
      (4)   Notice to employees. A notice shall be permanently posted on the SIU's bulletin board or other prominent place advising employees who to call in the event of a spill or slug discharge. Employers shall insure that all employees who may cause such a spill or slug discharge to occur are advised of the emergency notification procedure.
   (B)   Reports of spills, slug discharges and operation upsets.
      (1)   Oral notice. The user shall notify the city's Public Works and Utilities Department by telephone within 15 minutes of becoming aware of any spill, slug discharge, or operation upset. The notification shall include all information known at that time, including, but not limited to location and duration of the discharge, type of waste, including concentration, pH, volume and corrective actions.
      (2)   Written notice.
         (a)   Within 5 working days following such an incident, the user shall submit to the Director a detailed written report signed by the user describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences.
         (b)   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 the POTW, fish kills, or any other damage to person property or environment, damage to person, property or the environment.
         (c)   Such notification shall not relieve the user of any fines, civil penalties, or other liability, which may be imposed by this chapter or other applicable law.
         (d)   Following such an incident, the user may be required by the Director to appear before the control authority and provide a full explanation of the discharge and of steps being taken to prevent its reoccurrence.
(Ord. 5746, passed 7-1-2019)