(A) Any discharger who accidentally discharges into a water body any substance other than stormwater or an exempted discharge shall immediately inform the County Emergency Management Agency concerning the discharge. A written report concerning the discharge shall be filed with the County Surveyor’s Office, by the discharger(s), within five days.
(B) The written report shall specify:
(1) The composition of the discharge and the cause thereof;
(2) The exact date, time and estimated volume of the discharge;
(3) All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence; and
(4) The name and telephone number of the person making the report, and the name of a person who may be contacted for additional information on the matter.
(C) A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this section against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered PROPERLY REPORTED only if the discharger complies with all the requirements of this section.
(Ord. 10-1-1.2, passed 12-5-2005)