(A) Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the MS4, Waters of the Commonwealth, or Waters of the U.S., 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.
(B) In the event of such a release of hazardous materials, said person shall immediately notify the authorized enforcement agency in person or by phone, facsimile or in person of the nature, quantity and time of occurrence of the discharge. In the event of a release of non-hazardous materials, said person shall notify the City of Richmond in person or by phone (859-623-1000) no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City of Richmond (239 West Main Street) within three (3) business days of the phone notice.
(C) 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 years and be made available to the city upon request. Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.
(D) Failure to provide notification of a release as provided above is a violation of this subchapter.
(Ord. 12-54, passed 12-11-12)