(A) Generally. Each significant user shall provide protection from accidental and/or slug discharges or prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental and slug discharges or prohibited materials shall be provided and maintained at the owner or user’s own costs and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Utility Commission for review, and shall be approved by the Utility Commission before construction of the facility. Construction shall be completed within 120 days of approval of plans and notification by the Director. Once every two years, the Director will determine whether each significant industrial user needs to develop a plan to control slug discharges.
(1) If the Director decides that a slug control plan is needed, the plan shall contain the following:
(a) Description of discharge practices;
(b) Description of stored chemicals;
(c) Procedures for notifying the POTW; and
(d) Prevention procedures for spills.
(2) In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(B) Written notice. Within five days following an accidental discharge, the user shall submit, to the Director, a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; not shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this subchapter or other applicable law.
(C) Notice to employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(Ord. 4-93, passed 4-5-1993; Ord. 4-2000, passed 6-5-2000; Ord. 21-2004, passed 12-20-2004)