§ 51.36 SPILL PREVENTION.
   (A)   Protection of the POTW. The POTW must be protected against the uncontrolled discharge of pollutants including any slug discharge. To achieve this goal, the POTW has adopted a spill prevention program in which the POTW and industrial or Class III users or users who are storers of hazardous or toxic materials (as defined in 40 C.F.R. §§ 261 et seq. of the chapter of Federal Regulations or listed in MDEQ’s Critical Materials Register) shall cooperate to establish adequate spill prevention control measures.
   (B)   Required implementation of spill prevention. The POTW may require the submittal and implementation of a spill and slug discharge prevention plan conforming to applicable state, federal, or local requirements as a stipulation of any permit issued to any industrial user. A Pollution Incident Prevention (PIP) Plan approved by MDEQ may be accepted by the POTW. Industrial users with identified spill prevention needs shall apply for a permit to discharge from the POTW.
   (C)   Right of access. Employees of the POTW may enter onto the premises of any industrial user during reasonable hours to inspect for potential of uncontrolled discharges or for inspection of spill prevention facilities. Employees of the POTW may enter the premises at any hour during or following any emergency or suspected spill for purposes of inspection of spill prevention facilities. The inspection may be announced or unannounced.
   (D)   Maintenance of spill prevention facilities. Spill prevention facilities shall be maintained in good repair and in operable condition at all times at the expense of the user.
   (E)   POTW Spill Response Program. The POTW shall prepare a spill response program including a spill response manual.
   (F)   Evaluation of slug control. The POTW may evaluate each significant industrial user and other industrial users as necessary, to determine whether the user needs a plan to control slug discharges. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
      (1)   Description of discharge practices, including non-routine batch discharges;
      (2)   Description of stored chemicals;
      (3)   Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under §§ 51.30 and 51.31 with procedures to follow-up, including written notification within five days; and
      (4)   If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff; worker training, building containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
   (G)   Notification of accidental discharges. In the case of accidental discharge, it is the responsibility of the user to inform the POTW immediately, including any slug discharges by the user. Where the information is given orally, a written follow-up report thereof shall be filed by the user with the POTW within five days.
(Prior Code, § 542.11) Penalty, see § 10.99