§ 52.44 PROTECTION FROM ACCIDENTAL AND SLUG DISCHARGES.
   (A)   Accidental discharge and slug loading. A slug loading or discharge means any pollutant discharge of non-routine, episodic nature, including but not limited to, an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass-through or to violate the POTW's regulations, local limits or permit conditions in any manner.
   (B)   Users shall promptly notify the Pretreatment Coordinator in advance of any substantial change in the volume or character of the wastewater constituents being introduced into the POTW. The Pretreatment Coordinator may deny or condition the new introduction or change in discharge based on the information submitted in the notification or additional information as may be requested. Significant industrial users are required to notify the Pretreatment Coordinator immediately of any changes at their facilities affecting the potential for a slug discharge.
   (C)   In the case of all possible or actual accidental discharges and/or slug loadings, it is the responsibility of all industrial users to immediately telephone and notify the Supervisor of the POTW or the Pretreatment Coordinator of an accidental discharge/slug loading. Notification shall include location of discharge, type of waste, concentrations and volume, and corrective actions.
   (D)   Within five (5) days following an accidental discharge or upset (or within ten (10) days for bypass), the user shall submit to the Pretreatment Coordinator, a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. This notification shall not 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 user of fines, civil penalties, or other liability which may be imposed by this chapter, the Enforcement Response Plan or other applicable law.
   (E)   A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who 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. In addition, as required by 40 CFR 403.8(f)(2)(v), an inspection and sampling of the effluent from each significant industrial user shall be conducted at least one time per year.
   (F)   Protection from accidental discharge. Each significant user shall provide facilities for protection from accidental discharge of prohibited materials or other regulated wastes and slug discharges governed by this chapter which adversely affect the POTW. Facilities to prevent accidental discharge and/or slug discharges of prohibited materials shall be provided and maintained at the owner's or user’s own cost and expense. Detailed plans delineating such facilities and operating procedures to provide this protection shall be submitted to the city for review and approval before construction of the facility begins. Facilities shall be maintained by the user and available for inspection at any reasonable time upon request by the Murray Sewer System representatives. No user who commences contribution to the POTW after January 1, 1984, shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city and put into place. 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 chapter. As required by 40 CFR 403.8(f)(2)(v), an inspection and sampling of effluent from each significant industrial user is required at least one time per year.
   (G)   Slug discharge evaluation. Evaluation of the industrial user must occur at least once every two (2) years to determine whether each significant industrial user needs to develop or update a plan to control slug discharges. If the POTW determines that a slug control plan or revision is necessary, the plan shall contain, at a minimum, the following elements:
      (1)   Description of discharge practices, including nonroutine batch discharges;
      (2)   Description of stored raw and waste chemicals or other hazardous materials;
      (3)   Procedures for control or countermeasure of a spill or slug discharge must be stated and include a twenty-four (24) hour phone number for reporting accidental spills and for immediate notification to the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five (5) days; and
      (4)   If necessary, procedures to prevent adverse impact from accidental or slug discharge or spills, including, but not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment measures for containing toxic organic pollutants (including solvents) and/or measures and equipment for emergency response may be required in the form of a new or modified accidental spill prevention or slug control plan. Such a new or modified plan may also be required when there is a significant change in its existing operation or wastewater constituents or characteristics.
   (H)   Discharge of hazardous waste.
      (1)   As required by 40 CFR 403.12(p), the industrial user shall notify the POTW, the EPA Regional Waste Management Division Director and State Hazardous Waste authorities in writing of any discharge of hazardous waste into the POTW. The notification report shall be submitted no later than one hundred eighty (180) days after the discharge of a listed or characteristic hazardous waste and shall contain the following:
         (a)   The hazardous waste number;
         (b)   Type of discharge (continuous, batch, or other);
         (c)   Volume and mass of discharge; and
         (d)   The name of the hazardous waste as set forth in 40 CFR 261.
      (2)   If the discharge is greater than one hundred (100) Kg/month to the POTW, the notification must also contain:
         (a)   The hazardous constituents contained in the waste;
         (b)   The estimate of mass and concentration of constituents in the waste stream; and
         (c)   The amount of waste expected to be discharged in the following twelve (12) months.
(Ord. 2024-1867, passed 7-11-24)