(a) Accidental Discharges. Each user shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. If required by the Village, the user shall prepare, submit and maintain a Spill Prevention Control and Counter Measure Plan. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the User’s cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Village for review, and shall be approved by the Village Engineer before construction of the facility. Each existing user shall complete its plan and submit the same to the Village within ninety (90) days of the effective date of this chapter. Review and approval of such plans and operating procedures shall not relieve the user from responsibility to modify its facility as necessary to meet requirements of this chapter.
(1) Users shall notify the Administrator immediately upon accidentally discharging wastes in violation of this chapter to enable countermeasures to be taken to minimize damage to the sewage works, treatment processes and the receiving water. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective action. A written notification containing the same information shall follow within three (3) working days. This notification shall be followed, within fifteen (15) days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any fines provided for in Section 925.09
, or for any expense, loss or damage to the sewage works, or treatment process, or for any fines imposed on the Village on account thereof.
(2) In order that employees of users be informed of these requirements, users shall make available to their employees copies of this chapter, together with such other wastewater information and notices as may be furnished by the Village from time to time, and directed towards more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this chapter.
(3) Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system shall be eliminated. Where such action is impractical or unreasonable, the user shall appropriately label entry points to warn against discharge of such wastes in violation of this chapter.
(b) Bypass. A User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. If the user knows in advance of the need for a bypass, it shall submit prior notice to the Administrator, if possible at least ten (10) days before the date of the bypass. A user shall submit oral notice of an unanticipated bypass that exceeds applicable Pretreatment Standards to sewage works immediately upon becoming aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain: a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent re-occurrence of the bypass. Bypass is prohibited, and the Village may take enforcement action against an industrial user for a bypass unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
(3) The industrial user submitted notices as required by 40 CFR 403.17.
(c) Operating Upsets. Any user which experiences an upset in operations which places the user in a temporary state of non-compliance with this chapter shall inform the Administrator thereof within twenty-four (24) hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the user with the Wastewater Superintendent within five (5) days. The report shall specify:
(1) Description of the upset, the cause thereof and the upset's impact on a user's compliance status;
(2) Duration of non-compliance, including exact dates and times of noncompliance, and if the non-compliance continues, the time by which compliance is reasonably expected to occur; and
(3) All steps taken, or to be taken, to reduce, eliminate and prevent recurrence of such an upset or other condition of non-compliance.
A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the Village against a user for any non-compliance with this chapter which arises out of violations alleged to have occurred during the period of upset. The user seeking to establish the occurrence of an upset shall have the responsibility to provide adequate proof of upset. (Ord. 10-96. Passed 3-25-96.)