(a) Protection Required. Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Chemist/Pretreatment Coordinator for review, and shall be approved prior to construction of the facility. Each existing discharger shall complete its plan and submit it to the Chemist/Pretreatment Coordinator within 180 days of the effective date of this chapter. No discharger who discharges to the City POTW after the aforesaid date shall be permitted to introduce pollutants into the system until accidental discharge protection procedures have been approved by the Superintendent. Review and approval of such plans and operating procedures by the Superintendent shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this chapter.
(b) Notice. Dischargers shall verbally notify the Chemist/Pretreatment Coordinator immediately upon the occurrence of a "slug load" or accidental discharge of substances prohibited by this chapter with a written notification letter to follow within three workday days. Both notifications shall include location of discharge, date and time thereof, type of waste, concentration and volume and corrective actions. All slug loads or accidental discharges shall be sampled and analyzed and the results submitted to the control authority within fifteen (15) days of the discharge. Any discharger who discharges a slug load of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of fines imposed on the authority on account thereof under State or Federal law.
(c) Signs. Signs shall be permanently posted in conspicuous places on discharger's premises advising employees whom to call in the event of a slug load or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.
(d) Bypass. If the discharger knows in advance of the need for a bypass, it shall submit prior written notification to the Chemist/Pretreatment Coordinator, if possible, at least ten days before the date of the bypass.
A discharger shall submit oral notification of an unanticipated bypass to the POTW immediately upon becoming aware of the bypass. A written submission shall also be provided within five days of the time the discharger becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass.
Bypass is prohibited, and the City may take enforcement action against an industrial user for a bypass unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage.
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(3) The industrial user submitted notices as required by 40CFR 403.17.
(Ord. 285(16-17). Passed 6-15-17.)