(A) The person in charge of any facility, vehicle or other source of any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, dumping, disposing or any other release of any of the following quantities of any of the following substances that may flow, leach, enter or otherwise be introduced into the MS4 and/or waters of the state and/or United States, shall immediately telephone and notify either the City Water Department, Fire Department or the Police Department concerning the incident:
(1) An amount equal to or in excess of a reportable quantity of any hazardous substance, as established under 40 C.F.R. part 302;
(2) An amount equal to or in excess of a reportable quantity of any extremely hazardous substance, as established under 40 C.F.R. part 355;
(3) An amount of oil that either:
(a) Violates applicable water quality standards; or
(b) Causes a film or sheen upon or discoloration of the surface of the water or an adjoining shoreline or causes a sludge or emulsion to be deposited beneath the surface of the water or upon an adjoining shoreline.
(4) Any harmful quantity of any pollutant.
(B) The immediate notification required by division (A) above shall include the following information:
(1) The identity or chemical name of the substance released, and whether the substance is an extremely hazardous substance;
(2) The exact location of the release, including any known name of the waters involved or threatened and any other environmental media affected;
(3) The time and duration (thus far) of the release;
(4) An estimate of the quantity and concentration (if known) of the substance released;
(5) The source of the release;
(6) Any known or anticipated health risks associated with the release and, where appropriate, advice regarding medical attention that may be necessary for exposed individuals;
(7) Any precautions that should be taken as a result of the release;
(8) Any steps that have been taken to contain and/or clean up the released material and minimize its impacts; and
(9) The names and telephone numbers of the person or persons to be contacted for further information.
(C) (1) Within 15 days following such release, the responsible person in charge of the facility, vehicle or other source of the release shall submit, unless waived by both the City Water Department and Fire Department, a written report containing each of the items of information specified above in divisions (B)(1) through (B)(8) above, as well as the following additional information:
(a) The ultimate duration, concentrations and quantity of the release;
(b) All actions taken to respond to, contain and clean up the released substances, and all precautions taken to minimize the impacts:
(c) Any known or anticipated acute or chronic health risks associated with the release;
(d) The identity of any governmental/private sector representatives responding to the release; and
(e) The measures taken or to be taken by the responsible person(s) to prevent similar future occurrences.
(2) The notifications required by divisions (B) and (C)(1) above shall not relieve the responsible person of any expense, loss, damage or other liability which may be incurred as a result of the release, including any liability for damage to the city, to natural resources or to any other person or property; nor shall such notification relieve the responsible person of any fine, penalty or other liability which may be imposed pursuant to this chapter, state or federal law.
(D) Any person responsible for any release as described in division (A) above shall comply with all state, federal and any other local law requiring reporting, cleanup, containment and any other appropriate remedial action in response to the release.
(E) Any person responsible for a release described in division (A) above shall reimburse the city for any cost incurred by the city in responding to the release.
(Ord. passed 7-26-2010)