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Notwithstanding other requirements of the law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility, or operation, has information of any known or suspected release of pollutants, materials or non-stormwater discharges from that facility or operation that result or may result in illegal discharges or pollutants discharging into storm water, the City of Palm Bay's MS4, State Waters or Waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via Palm Bay Fire Department. In the event of a release of non-hazardous materials, said person shall notify the City Manager in person, by phone or by facsimile no later than the next business day of the nature, quantity, and time of occurrence of the discharge. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City Manager within three (3) business days of the personal notification or phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
(Ord. 2008-37, passed 5-15-08)