1040.18 ACCIDENTAL DISCHARGES AND OPERATING UPSETS.
   (a)   A person shall notify the Division of Water and Sanitary Sewage immediately upon the occurrence of a slugload or accidental discharge of wastes prohibited by this chapter. The notification shall include the location of the discharge, the date and time, the type of waste, the concentration and volume and corrective actions. A person who discharges any prohibited liquid or solid waste into a public sewer or natural outlet shall be liable for any expense, loss or damage to the sewerage works. In addition, he or she shall be liable for any fine imposed on the Division under State or Federal law as a result of such a discharge and for any penalty or remedy imposed under the provisions of this chapter.
   (b)   A person who experiences an upset in operations and who is unintentionally and temporarily in a state of noncompliance with this chapter due to factors beyond his or her reasonable control shall inform the Division immediately after commencement of the operating upset. Where information is given orally, the person shall file a written follow-up report with the Division within five days. The report shall:
      (1)   Describe the incident, its cause and its impact on the person's compliance status;
      (2)   Give 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)   Indicate all steps taken or to be taken to reduce, eliminate and prevent recurrence of the conditions of noncompliance.
   (c)   Signs shall be permanently posted in conspicuous places on the person's premises advising employees whom to call in the event of a slugload, accidental discharge or operating upset. Any employee who may cause or discover such a discharge shall be given instruction in emergency notification procedures.
(Ord. 91-59. Passed 10-21-91. )