§ 54.05  RELEASE AND REPORTING CLEANUP.
   (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 city’s drainage system or waters of the US, shall notify the city concerning the incident immediately:
      (1)   An amount equal to or in excess of a reportable quantity of any hazardous substance, as established under 40 CFR 302, as amended;
      (2)   An amount equal to or in excess of a reportable quantity of any extremely hazardous substance, as established under 40 CFR 355, as amended; or,
      (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 any adjoining shoreline or causes a sludge or emulsion to be deposited beneath the surface of the water or upon an adjoining shoreline.
   (B)   The immediate notification required by division (A), if known, 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;
      (3)   The time and duration of the release;
      (4)   An estimate of the quantity and concentration 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)   Within 14 calendar days following such release, the responsible person in charge of the facility, vehicle, or other source of the release shall, upon request by the DPW, submit a written report containing each of the items of information specified above in division (B), as well as the following additional information:
      (1)   The ultimate duration, concentration, and quantity of the release;
      (2)   All actions taken to respond to contain, and clean up the release substances, and all precautions taken to minimize the impacts;
      (3)   Any known or anticipated acute or chronic health risks associated with the release;
      (4)   Where appropriate, advice regarding medical attention necessary for exposed individuals;
      (5)   The identity of any governmental/private sector representatives responding to the release; and
      (6)   The measure taken or to be taken by the responsible person(s) to prevent similar future occurrences.
   (D)   The notifications required by divisions (B) and (C) 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’s drainage system, 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 or to state or federal law.
   (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. 785, passed 6-2-2020)