905.09 ACCIDENTAL DISCHARGES AND OPERATIONAL UPSETS.
   (a)   To enable countermeasures to be taken to minimize interference with or damage to the POTW or to prevent or reduce the severity of a pass through, upon the accidental discharge of wastes in violation of this chapter, or upon the occurrence of an upset in operation or a bypass of a discharger's pretreatment facility which places the discharger in a state of noncompliance with its Wastewater Treatment Permit or this chapter, the discharger shall immediately notify the Village and the POTW treatment plant operator on duty. The notification shall include location of discharge, the nature of the upset or bypass, the date and time thereof, the type of waste, concentrations and volume and the corrective actions taken and to be taken by the discharger.
 
   (b)   Within five days of the date of occurrence of the accidental discharge, upset or bypass, the discharger shall submit to the Superintendent a detailed written statement describing the causes of the accidental discharge, upset or bypass and the measures being taken to prevent future such occurrences. The report shall specify:
      (1)   A description of the event, the cause thereof and its impact on the discharger's compliance status;
      (2)   The duration of noncompliance, including exact dates and times of noncompliance and, if the noncompliance continues, the time by which compliance is reasonably expected to occur; and
      (3)   All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an event or other conditions of noncompliance.
 
   (c)   When the discharger can demonstrate that circumstances which would create an unreasonable burden on the discharger to supply the follow-up report within the time schedule imposed by subsection (b) hereof, the discharger may present a request for extension of time for consideration by the Village.
 
   (d)   Failure to report an accidental discharge, an upset or a bypass and failure to report within the described time period shall give cause for enforcement action by the Village.
 
   (e)   Such notification will not relieve the discharger of liability for any fines provided for in this chapter, or for any expense, loss or damage to the POTW, the treatment plant, or treatment process or for any fines imposed on the Village on account thereof.
 
   (f)   Signs shall be permanently posted in conspicuous places on the discharger's premises advising employees of whom to call in the event of a slugload or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge about all required emergency notification procedures.
 
   (g)   Accidental Discharge Control Plan: The Superintendent may require a plan to control accidental discharges from each SIU. An accidental discharge is any discharge of a non-routine, episodic nature including, but not limited to, an accidental spill or a non-customary batch discharge. The Plan shall contain the following elements:
      (1)   A description of discharge practices and stored chemicals;
      (2)   Notification procedures; and
      (3)   Procedures to prevent or control a discharge to the POTW from accidental spills.
   (h)   Each SIU shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. Any direct or indirect connection or entry point for accidental discharge to the discharger's plumbing or drainage system shall be eliminated. Where such action is determined impractical or unreasonable by the Superintendent, the SIU shall appropriately label such entry points to warn against discharge of wastes in violation of this chapter. Where necessary, facilities to prevent accidental discharge of prohibited material shall be provided and maintained at the SIU's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Superintendent for review and shall be approved by the Superintendent before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the SIU from the responsibility to modify this facility as necessary to meet the requirements of this chapter.
(Ord. 94-122. Passed 6-16-94.)