(A) Each industrial user shall provide protection from accidental discharge of substances regulated by this chapter. Facilities to prevent accidental discharge shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be available to the City for review. All existing industrial users shall complete the plan within six months after the effective date of this chapter. No industrial user who commences contribution to the City’s POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures are available. The plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user’s facility as necessary to meet the requirements of this chapter.
(B) In the case of an accidental discharge, it is the responsibility of the industrial user to immediately telephone and notify the Director of the incident. The notification shall include:
(1) Name of company;
(2) Location of discharge;
(3) Type of waste discharged;
(4) Concentration and volume of waste discharged; and
(5) Corrective actions taken to minimize the impact of the discharge to the City’s POTW.
(C) The industrial user shall notify the City if it is unable to comply with any requirement of this chapter because of a breakdown of its treatment equipment, accidents caused by human error or upsets. The notification should include the information required in division (B) above.
(D) Within five working days, unless extended by the Director in writing, the industrial user shall submit to the Director a detailed written report describing the accidental discharge, including:
(1) The cause of the accidental discharge;
(2) The period of the accidental discharge, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
(3) Steps being taken and/or planned to reduce, eliminate or prevent recurrence of the accidental discharge.
(E) The 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 wastewater works or aquatic life, fish kills or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.
(F) An affirmative defense of upset may be available to an industrial user in an enforcement proceeding. In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(G) (1) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(a) An upset occurred and the industrial user can identify the specific cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
(c) The industrial user has submitted to the City the information required in divisions (C) and (D) above; and
(d) The industrial user complied with any reasonable remedial measures to minimize or prevent any discharge or sludge use or disposal in violation of this chapter, which has a reasonable likelihood of adversely affecting human health or the environment.
(2) An upset defense is only available for violations of categorical pretreatment standards or technology-based permit effluent limitations.
(H) A notice shall be permanently posted on the user’s bulletin board or other prominent place advising affected employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer a dangerous discharge to occur are advised of the emergency notification procedure.