(a) No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage works.
(b) Users shall notify the Superintendent immediately upon accidentally discharging wastes in violation of this chapter to enable countermeasures to be taken to minimize damage to the wastewater treatment system, treatment processes and the receiving waters. This notification shall be followed, within fifteen 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 1044.99, or for any expense, loss or damage to the sewer system, treatment plant or treatment process, or for any fines imposed on account thereof.
(c) In order that the employees of users be informed of City requirements, users shall make available to their employees copies of this chapter together with such other wastewater information and notices which may be furnished by the City from time to time directed toward 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.
(d) 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 such entry points to warn against discharge of such wastes in violation of this chapter.
(e) Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by these regulations. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review and shall be approved by the City before construction of the facility. Each existing discharger shall complete its plans and submit the same to the City by January 1, 1985. No discharger who discharges to the City's sanitary sewers after the aforesaid date shall be permitted to introduce pollutants into the system until accidental discharge protection procedures have been approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of these regulations.
Dischargers shall notify the City immediately upon the occurrence of a slugload or accidental discharge of substances prohibited by these regulations. The notification shall include the location of the discharge, the date and time thereof, the type of waste, the concentration and volume and corrective actions. Any discharger who discharges a slugload of prohibited materials shall be liable for any expense, loss or damage to the City's treatment works in addition to the amount of any fines imposed on the City on account thereof under State or Federal law.
Signs shall be permanently posted in conspicuous places on the discharger's premises, advising employees whom to call in the event of a slug or accidental discharge. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedures.
(f) In the event of an upset, the discharger shall notify the City. An upset constitutes an affirmative defense to an action brought for noncompliance with the discharger's permit. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventative maintenance or careless or improper operation. A discharger who wishes to establish the affirmative defense to an action brought for noncompliance with its permit limits shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
(1) An upset occurred and the discharger can identify the specific cause of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures:
(3) The discharger has submitted the following information to the City within twenty-four hours of becoming aware of the upset (If this information is provided orally, a written submission must be provided within five days.):
A. A description of the indirect discharge and the cause of noncompliance;
B. The period of noncompliance, including exact dates and times, or, if not corrected, the anticipated time the noncompliance is expected to continue;
C. Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.
The burden of proof in any enforcement proceeding shall be upon the discharger seeking to establish the occurrence of an upset. In any event, the discharger shall do whatever is necessary, including controlling production, to maintain compliance with its permit limitations upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement shall apply in the situation where, among other things, the primary source of power of the treatment facility is reduced or lost or fails.
(g) A discharger may allow any bypass to occur which does not cause its permit to be violated, but only if it is for essential maintenance to assure efficient operation and only with prior notification to the City. These bypasses are not subject to the provision of subsection(j) hereof.
(h) If a discharger knows in advance of the need for a bypass, it shall submit prior notice to the City, if possible at least ten days before the date of the bypass.
(i) A discharger shall submit oral notice of any unanticipated bypass that exceeds applicable permit limits to the City within twenty-four hours from the time the discharger becomes aware of the bypass. A written submission shall also be provided within five days of the time the discharger 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 recurrence of the bypass. The City may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.
(j) Bypass is prohibited, and the City may take enforcement action against a discharger for 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 discharger submitted notices as required under subsection (i) hereof.
The City may approve an anticipated bypass, after considering its adverse effects, if the City determines that the three conditions listed in this subsection are applicable.
(Ord. 2014-164. Passed 10-6-14.)