(A)   Accidental discharges.  
      (1)   Each significant industrial user having the ability to cause interference with the POTW or to violate the regulatory provisions of this chapter shall provide protection from accidental discharge of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense. All significant industrial users whose wastewater includes or could include compatible or incompatible pollutants in amounts great enough to cause interference or upset with the POTW must have detailed plans on file with the city showing facilities and operating procedures to provide this protection. Plans shall be approved by the city before users shall complete such a plan by no later than 190 days following the effective date of this chapter. NO user who commences contribution to or could contribute such pollutants to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge facilities and procedures have been approved by the city and installed by the user.
      (2)   Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.
   (B)   Immediate notification. In the case of an accidental or deliberate discharge of compatible or incompatible pollutants, which cause interference at the POTW or violate requirements of this chapter, it shall be the responsibility of the industrial user to immediately telephone and notify the Lockport Sanitary Sewer Department of the incident. The notification shall include name of caller, location and time of discharge, type of wastewater, concentration, volume, and corrective action taken.
   (C)   Written report. Within five days following such an accidental or deliberate discharge the industrial user shall submit to the Superintendent a detailed written report on forms to be provided by the Lockport Sanitary Sewer Department, describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Follow up reports may be required by Lockport Sanitary Sewer Department as needed. Such report, or reports, shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of 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; nor shall such report relieve the user of any fines, civil penalties, or other liability which may be imposed by the ordinance or otherwise. Failure to report accidental or deliberate discharges may, in addition to any other remedies available to the Lockport Sanitary Sewer Department; result in the revocation of the discharges wastewater discharge permit.
   (D)   Production control. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
   (E)   Notice to employees. A notice in English and the language of common use shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge of a prohibitive material. Employers shall ensure that all employees who are in a position to cause, discover, or observe such an accidental discharge is advised of the emergency notification procedure.
   (F)   Additional remedies. In addition to remedies available to the city set forth elsewhere in this chapter, if the city is fined by the IEPA or USEPA for violation of the city's NPDES permit or violation of water quality standards as the result of an industrial spill or intentional slug discharge of a compatible or incompatible pollutant, then the fine, including all city legal, sampling, analytical testing, and any other related costs shall be charged to the responsible industry. Such charge shall be in addition to, and not in lieu of, any other remedies the city may have under this chapter, statutes, regulations, at law or in equity.
   (G)   Accidental discharge/slug control plans. At least once every two years, the Superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the Superintendent may develop such a plan for every user. An accidental discharge/slug control plan shall address, at a minimum, the following:
      (1)   Description of discharge practices, including non routine batch discharges;
      (2)   Description of stored chemicals;
      (3)   Procedures for immediately notifying the Superintendent of any accidental or slug discharge, as required by division (B) of this section and § 55.046(E); and
      (4)   Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(Ord. 16-005, passed 5-18-16)