Industrial dischargers shall provide means of protecting against the accidental discharge of substances prohibited by these Rules and Regulations that by reason of excessive concentration, volume or characteristic may have an adverse impact on the sewerage system or on human health, safety and general welfare. The facilities to prevent accidental discharges shall be constructed, operated, maintained or replaced at the discharger's expense. Detailed plans showing the facilities and operating procedures established to provide this protection shall be approved by the Director of the Wastewater Department and the City Engineer before construction is initiated. Review and approval of accidental discharge prevention plans and operating procedures shall not relieve the discharger of responsibility should such plans or procedures fail to prevent an accidental discharge.
(a) In the event of an accidental discharge or spill, it is the responsibility of the discharger to notify the Director or Wastewater Department personnel, if the Director is unavailable, by telephone as soon as the event is discovered, that such an event has occurred. This notification shall contain information on the nature of the incident, location, type of wastes, volume, concentrations and the corrective action being taken by the discharger as well as corrective actions that the Department should undertake. Should such an event require the notification of the OEPA the discharger shall make such notification following the notification of the Director.
(b) Within five days following an accidental discharge, the offending discharger shall submit a report to the Director detailing the cause of the accidental discharge and the measures to be taken to prevent a similar future occurrence. The report shall not relieve the discharger of any expense, loss, damage or other liability which may be incurred as a result of the discharge as it may pertain to the City's system, fish kills in the receiving stream or damage to persons or properties. Nor shall the report relieve the discharger from fines, civil penalties or other liabilities which may be imposed pursuant to these Rules and Regulations, State and Federal laws.
(c) A notice shall be permanently and conspicuously posted on the discharger's bulletin board or other prominent places advising the employees whom to notify in the event of an accidental discharge. Employers shall ensure that all employees who may cause or permit such a discharge to occur are advised of the emergency notification procedures. Failure of an employee to properly notify the Director or Department personnel concerning an accidental discharge shall be considered the failure of the discharger to notify the Director or Department personnel of the event.
(d) No discharger shall increase the use of potable water or process water nor mix separate waste streams for the purpose of diluting a discharge as a substitute for adequate pretreatment in order to achieve compliance with the requirements set forth in these Rules and Regulations or applicable Categorical Pretreatment Standards. If dilution occurs for the purpose of controlling an accidental discharge the Director or Department personnel shall be so informed.
(e) All decisions of the Director are subject to review by the City Manager who may affirm, disaffirm or modify all such decisions.
(Ord. 90-1343. Passed 11-6-90.)