7-3A-18: ACCIDENTAL DISCHARGE/SLUG CONTROL PLAN AND NOTIFICATION:
   A.   Accidental Discharge And Slug Control Plan: Within one (1) year of a significant industrial user classification, the pretreatment coordinator shall evaluate whether the significant industrial user needs an accidental discharge/slug control plan. The pretreatment coordinator may require any user to develop, submit for approval, and implement such a plan. An accidental discharge/slug control plan shall address, at a minimum, the following:
      1.   Description of discharge practices, including nonroutine batch discharges;
      2.   Description of stored chemicals including quantity of chemicals and type and number of storage containers;
      3.   Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under section 7-3A-12 of this article, with procedures for follow up written notification within five (5) days;
      4.   Procedures to prevent adverse impact from accidental spills or slug discharges, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
      5.   Site diagram showing location of all tanks holding greater than or equal to two hundred fifty (250) gallons or areas containing eight (8) drums or more of raw materials, prohibited wastes, wastes to be recycled, hazardous wastes or final product.
      6.   Location of notice/signs posted in conspicuous places advising employees in English and the language of common use whom to call in the event of a spill, accidental discharge of prohibited materials, slug discharge or a bypass of any part of a pretreatment system; and
      7.   Emergency telephone number (24 hour) off-site and backup telephone number. If the spill prevention plan has been submitted, any change in the telephone numbers should be submitted within five (5) working days when revised.
      8.   Notification procedures for immediately notifying the pretreatment coordinator of any accidental or slug discharges.
      9.   Documentation: The accidental discharge/slug control plan shall contain a sample of the documentation maintained at the site that:
         a.   Ensures that all employees who are in a position to cause, discover, or observe such discharge are advised of the emergency notification procedures; and
         b.   Such logs to verify inspection and maintenance procedures to prevent adverse impacts and confirm that said procedures are being performed on a regular basis.
   B.   Review of such plans and operating procedures by the village shall not relieve the user from the responsibility to modify the user's accidental discharge/slug control plan as necessary to meet all requirements of this chapter. Review by the village does not constitute an approval of an accidental discharge/slug control plan and the village and its designee(s) are not to be construed as responsible for the actions of the user and any impacts the user may cause as a result of a spill or slug load.
   C.   Non-residential users with an accidental discharge/slug control plan shall update their plan every two (2) years and train their employees on how to handle a spill or slug load annually. For permitted users, the updated plan and training logs shall be submitted to NWRWRF.
   D.   Notification Of Spill Or Slug Discharge:
      1.   Notification Required: In the case of any discharge in violation of this article or permit conditions, and in the case of any discharge that could cause problems to the POTW, including any slug loadings as described in section 7-3-1 of this chapter, the industrial user shall immediately notify the POTW of the discharge by telephone. If there is no answer and after hours, the industrial user will call the village of Fox Lake police department nonemergency number. The notification shall include:
         a.   The date, time, location and duration of the discharge;
         b.   The type of waste, including concentration and volume; and
         c.   All corrective actions taken by the user.
      2.   Written Report: Within five (5) days following such an accidental discharge or deliberate discharge, the industrial user shall submit to the POTW a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences.
      3.   Liability: Such notification shall not relieve the user of any expense, loss, damage or other liability resulting from the discharge, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed under this article or other applicable state or federal law.
      4.   Notification Of Changed Discharge: All industrial users shall promptly notify the POTW in advance of any substantial change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12. (Ord. 2005-10, 3-15-2005; amd. Ord. 2021-08, 4-27-2021)