(A) The POTW Director shall evaluate whether each significant industrial user (“SIU”) needs a plan, or other action, to control, and prevent, slug discharges and accidental discharges, as defined in § 21-302(A).
(1) All SIUs must be evaluated within one year of being designated an SIU.
(2) The POTW Director may require any person to develop, submit for approval, and implement such a plan, or other specific action. Alternatively, the POTW Director may develop such a plan for any user.
(B) All SIUs are required to notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non-routine, episodic nature, a non-customary batch discharge, or a slug load. (See §§ 21-349 and 21-350.)
(C) Each person shall provide protection from accidental and/or slug load discharges of prohibited materials, or other substances, regulated by this article. Facilities, to prevent accidental and/or slug load discharges of prohibited materials, shall be provided, and maintained, at the owner’s, or person’s, own cost and expense. 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; and
(3) Procedures for immediately notifying the POTW Director of any accidental, or slug, discharge, as required by § 21-350.
(a) 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.
(b) Slug control plan. The slug control plan shall be submitted to the town for review, and shall be approved by the town before the deadline established by the POTW Director for existing users. Review and approval of such plans shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this article. In the case of an accidental and/or slug load discharge, it is the responsibility of the user to immediately notify the POTW by telephone of the incident. The notification shall include the location of discharge, type of waste, concentration and volume, and corrective actions.
(c) Written notice. Within five days following an accidental and/or slug load discharge, the user shall submit to the POTW 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 notifications shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as result of damage to the POTW, fish kills, or any other damage to person or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.
(d) Notice to employees. A notice shall be permanently posted on the user’s bulletin board, or other prominent place, advising employees who to call in the event of an accidental and/or slug load discharge. Employers shall ensure that all appropriate employees are advised of the emergency notification procedure.
(Ord. 33-2002, passed 10-21-2002; Ord. 29-2008, passed 10- -2008)