Sec. 82-165. Accidental discharges, operating upsets and slug loads.
(a)   Protection. Each categorical and noncategorical user shall provide necessary protection from accidental discharge of prohibited materials or other substances regulated by this division. 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 when required, and shall be approved by the city before construction of the facility. All existing users who are required to provide such a plan shall complete such a plan by May 1, 1985. No user who commences contribution to the POTW after the effective date of this division 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 division.
(b)   Oral notice. In the case of an accidental discharge or operations upset which places the user in a temporary state of noncompliance with this division or which could cause problems to the POTW, including any slug loadings as defined by section 82-153(14), it is the responsibility of the user to immediately (within 24 hours) telephone and notify the Authority of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(c)   Written notice.
   (1)   Within five days following oral notification of an accidental discharge or operations upset, the user shall submit to the Authority a detailed written report containing the following:
      a.   Description of the upset, cause and impact on the discharger's compliance status.
      b.   Duration of noncompliance, including exact dates and times. If noncompliance is to continue, a statement addressing when compliance can reasonably be expected to occur.
      c.   All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
   (2)   Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be opposed by this section 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 whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedures.
(Ord. No. 144, 5-16-2005)