(a) A person shall notify the city immediately upon the occurrence of a slugload or accidental discharge of wastes prohibited by this chapter. The notification shall include the location of the discharge, date and time, type of waste, concentration and volume, and corrective actions. A person who discharges any prohibited liquid or solid waste into a public sewer or natural outlet shall be liable for any expense, loss or damage to the sewage works. In addition, he or she shall be liable for any fines imposed on the city under state or federal law as a result of such discharge.
(b) Any person who experiences an upset in operations and is unintentionally and temporarily in a state of noncompliance with this chapter due to factors beyond his or her reasonable control shall inform the city immediately after commencement of the operating upset. Where information is given orally, the person shall file a written follow-up report with the city within five days. The report shall:
(1) Describe the incident, its cause and its impact on the person’s compliance status;
(2) Give the duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur; and
(3) All steps taken or to be taken to reduce, eliminate and prevent a recurrence of the conditions of noncompliance. A documented and verified operation upset shall be an affirmative defense to any enforcement action brought by the city against a discharger for noncompliance with this chapter.
(c) Signs shall be permanently posted in conspicuous places on the person’s premises advising employees whom to call in the event of a slugload, accidental discharge or operating upset. Any employee who may cause or discover such a discharge shall be given instruction in emergency notification procedures.
(Ord. 86-32, passed 6-23-1986)