(A) (1) Generally. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this subchapter. Facilities to prevent accidental discharge of prohibited materials 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 submitted to the city for review and shall be approved by the city before construction of the facility and each user shall verify the status of the slug control plan for any renewal cycle. No user who commences contribution to the POTW after the effective date of the ordinance from which this subchapter derives shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this subchapter. If an accidental discharge (slug load) occurs, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of the discharge, the type of waste, the concentration and volume and corrective actions.
(2) 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. No such notification shall 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, nor shall such notification relieve the use of any fines, civil penalties or other liability which may be imposed by this subchapter or other applicable law.
(3) Notice to employees. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call if a slug or accidental discharge occurs. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.
(2013 Code, § 28-84)
(B) For the purpose of this subchapter, the Director may require any industrial user to develop and implement an accidental discharge/slug control plan. At least once every two years, the Director shall evaluate whether each significant industrial user needs a plan. Any industrial user required to develop and implement an accidental discharge/control slug plan shall submit a plan that addresses, 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 POTW of any accidental or slug discharge. Such notification must also be given for any discharge that would violate any of the prohibited discharges in § 52.067 of this chapter;
(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
(5) Industrial users are required to notify the Director immediately of any changes at its facility affecting the potential for a slug discharge.
(2013 Code, § 28-85)
(Ord. 14438, passed 8-23-1993; Ord. 14969, passed 9-25-2017) Penalty, see § 52.999