1043.29 ACCIDENTAL DISCHARGES.
   (a)   Any discharger who accidentally discharges into a water body any substance other than storm water or an exempted discharge shall immediately inform the City concerning the discharge. If such information is given orally, a written report concerning the discharge shall be filed with the City within five days. The written report shall specify:
      (1)   The composition of the discharge and the cause thereof.
      (2)   The exact date, time, and estimated volume of the discharge.
      (3)   All measures taken to clean up the accidental discharge, and all measures proposes to be taken to reduce and prevent any recurrence.
      (4)   The name and telephone number of the person making the report, and the name of a person who may be contacted for additional information on the matter.
   (b)   A properly-reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this ordinance against a discharges for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief as a result of or arising out of the discharge. A discharge shall be considered properly reported only if the discharges complies with all the requirements of Section 1043.29(a).
(Ord. 07-2002-10. Passed 7-2-02.)