(A) The owner or operator of a commercial or industrial establishment shall provide, at his or her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or any conveyance through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise which is, or may be, the source of an illicit discharge may be required to implement, at such person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants or hazardous materials to the MS4 or any conveyance. These BMPs shall be part of a BMP plan as necessary for compliance with requirements of the NPDES permit.
(B) In the event of any accidental illicit discharge into the MS4 in an amount that could cause a threat to public health, safety or welfare of the citizens of the city or the environment, the person responsible for the discharge or his or her designee shall:
(1) Give notice of the accidental discharge to the SSWU or its designated agent as soon as practicable. In no event shall this notice be more than two hours after the discovery of the accidental discharge or when the responsible person becomes aware of the circumstances of the incident;
(2) Call 911 immediately to report the accidental discharge if an emergency response by government agencies is needed;
(3) Submit a written report of the accidental discharge within five days of the time of the accidental discharge. The report shall contain the following information:
(a) A description of the accidental discharge; this description shall include, but may not be limited to, the material discharged, the amount of material discharged and the amount of material recovered;
(b) The exact dates and times of the accidental discharge;
(c) Steps being taken to eliminate and prevent recurrence of the discharge; and/or
(d) The name, title, telephone number and business name (if applicable) of person making the report, and the name, title and telephone number of a person who may be contacted for additional information regarding the accidental discharge.
(4) The responsible person shall take all reasonable steps to minimize any adverse impact to the MS4 and/or any watercourse;
(5) The city and/or the SSWU and/or its designated agent shall assume no liability for any improper reporting by a responsible person regarding an accidental discharge; and
(6) Reporting of an accidental discharge as defined in this section does not relieve the responsible person from complying with all other reporting requirements as mandated by applicable laws and/or regulations.
(Ord. 36-2007, passed 11-20-2007)