5003.3.1 Reporting of discharges.

When hazardous materials are released in quantities reportable under federal, state or local regulations, the commissioner shall be notified and the following procedures required in accordance with FC 5003.3.1.1 through 5003.3.1.4.

5003.3.1.1 Records.

Accurate records shall be kept of the discharge of hazardous materials.

5003.3.1.2 Preparation.

Provisions shall be made for controlling and mitigating accidental discharges.

5003.3.1.3 Control.

When a discharge is caused by a container failure, the container shall be repaired or removed from service.

5003.3.1.4 Responsibility for cleanup.

The owner of a facility or other person responsible for an accidental discharge shall undertake all actions necessary to remediate such discharge. When deemed necessary by the commissioner, cleanup may be initiated by the department or other city agency. Costs associated with such cleanup shall be borne by the owner or other person responsible for the discharge. The department shall give such owner or other person written notice of such costs and an opportunity to be heard. Payment of such costs shall be recoverable in any manner authorized by law, rule or regulation. Failure to pay such costs shall cause a lien to be placed upon the premises pursuant to the provisions of FC 117.4, as applicable, or against vehicles or other personal property in accordance with the provisions applicable thereto. Nothing in this section shall be construed to preclude the implementation of response measures, or the recovery of the costs of such measures, by any other city agency, either prior or subsequent to any response measure implemented pursuant to this section.

5003.4 Safety data sheets.

A safety data sheet (SDS) for each hazardous material stored, handled or used on a premises shall be maintained on such premises at a location where the SDS is readily available for reference by persons handling or using such hazardous materials or supervising such storage, handling or use, and by any department representative.

5003.5 Hazard identification signs.

Unless otherwise exempted by the commissioner, hazard identification signs as set forth in NFPA 704 for the specific material contained shall be conspicuously affixed on stationary containers and aboveground tanks and at entrances to locations where hazardous materials are stored, handled or used, including dispensing, in quantities requiring a permit, including locations where such materials are dispensed, and at such other locations as may be designated by the commissioner.