(A) Critical materials spill prevention plan.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CRITICAL MATERIAL. Any substance listed on the state’s Water Resource Commission critical materials register, as amended from time to time, and shall include any other substance which, if discharged to the village’s wastewater facilities, would either singly or by interaction with other substances violate this section’s restriction on discharges.
CRITICAL MATERIALS FACILITY. Any premises where critical materials are stored, used or handled.
(2) No person shall store, use or handle any critical materials or cause any critical materials to be stored, used or handled in the village, except in accordance with and pursuant to a spill prevention plan for critical materials that has been approved in writing by the Village Manager.
(3) The owner, operator or manager of a critical material facility shall file with the village 30 days prior to the first storage, use or handling of a critical material, in the case of new construction or operations, a spill prevention plan for critical materials. The spill prevention plan shall include:
(a) The procedures by which the critical material facility shall prevent spills of critical materials into the village wastewater facilities from receiving, storage and use areas, manufacturing processes, treatment systems and shipping of materials, including those procedures and the details of containment structures required by this section;
(b) The surveillance procedures to be employed by the critical materials facility for loading and off-loading processes and for manufacturing processes, treatment systems and storage areas;
(c) Emergency cleanup procedures to be used in case of a spill, discharge, seepage, runoff or leakage of critical materials into a public sewer; and
(d) The method by which inventories are made of critical materials from the time the critical material is received or manufactured until a time as it is treated and discharged or shipped out by the facility.
(4) If the DPW Supervisor determines that a spill prevention plan for critical materials prepared pursuant to this section does not comply with the requirements of this section, the DPW Supervisor may return the plan to the owner, operator or manager of the facility with findings and recommendations and may require modifications thereof. The owner, operator or manager of the facility shall modify and resubmit the spill prevention plan to the village within 30 days following the request.
(5) The DPW Supervisor shall approve a spill prevention plan for critical materials if the plan complies with the requirements of division (A)(3) above and reasonably provides for the containment and surveillance of critical materials so as to prevent their introduction into the village’s wastewater facilities.
(B) Containment structure for critical materials storage and use areas.
(1) A storage or use area at a critical materials facility with critical materials in liquid form shall be diked, curbed or otherwise structurally enclosed so as to be capable of containing not less than 150% of the liquid polluting materials containing the critical material which are stored or used unless a lesser containment area or alternate control measures are approved in writing by the DPW Supervisor as part of a critical materials spill prevention plan.
(2) Critical materials in solid form shall be stored in security areas designed to prevent the loss of that material into the village’s wastewater facilities.
(C) Surveillance.
(1) Upon any unloading or offloading of critical materials through a conduit to or from a storage facility, tanker or other means of transportation, surveillance, in accordance with a critical materials spill prevention plan approved by the DPW Supervisor under division (A) above, shall be conducted by the critical materials facility until all the operations are completed so that any critical material spillage can be immediately detected and procedures implemented to prevent the critical material from reaching the village wastewater facilities.
(2) Critical materials facilities shall maintain adequate surveillance, in accordance with a critical materials spill prevention plan, of all manufacturing processes, treatment systems, storage areas and other areas so that critical material loss therefrom can be immediately detected and procedures implemented to prevent the critical material from reaching the village wastewater facilities.
(D) Spillage report. The owner, operator or manager of a facility which spills a critical material shall immediately notify the DPW Supervisor of such a spill. Within ten days of the spill, the critical material facility shall file a report with the DPW Supervisor outlining the nature of the spill, its cause, its discovery, steps taken to prevent the critical materials from reaching the village’s wastewater facilities, reasons for the failure of the spill prevention plan and the procedures the facility will take to prevent a reoccurrence of the spill.
(Prior Code, § 50.07) (Ord. 21, passed 10-19-1993) Penalty, see § 50.99