§ 51.036 TOXIC SUBSTANCES AND PETROLEUM PRODUCTS CONTROL AND ACCIDENTAL DISCHARGE PREVENTION.
   (A)   All storage of toxic substances, petroleum products, and pollutants in any area or building shall be contained in such a manner that none of the materials could spill or otherwise get into the POTW in event of an accident or failure.
   (B)   Each industrial user must provide and maintain at the user’s expense secondary spill containment structures (including diking, curbing, or other appropriate structures) adequate to prevent the discharge from accidental spills and discharges to the POTW of any pollutants, toxic substances, petroleum products, or discharges regulated by this subchapter. At a minimum, the containment or curbing shall be sufficient and shall be maintained so as to hold not less than 150% of the largest tank volume in the area, unless a lesser containment area or alternate control measures are approved in advance by the Director. The containment area shall be constructed so that no liquid polluting material can escape from the area by gravity through the building sewers, drains, or otherwise directly or indirectly into the POTW. All floor drains found within the containment area must be plugged and sealed. Containment shall also be provided for storage tanks that may be serviced by commercial haulers and for chemical storage areas. Solid pollutants shall be located in areas designed to prevent the loss of the materials to the POTW. If requested by the Director, detailed plans showing facilities and operating procedures to provide the protection required by this section shall be submitted to the Director for review. The Director may order an industrial user to take interim measures for emergency containment as determined necessary by the Director under the circumstances.
   (C)   Each industrial user shall provide and continuously maintain protection from accidental discharges of wastes or other substances regulated by this subchapter.
   (D)   Facilities to prevent accidental discharge of regulated wastes or substances shall be provided and maintained at the industrial user’s cost and expense. Review and approval by the Director of plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user’s facility as necessary to meet the requirements of this subchapter. Compliance with the requirements of this section shall not relieve a user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the POTW, or for any other damage to persons or property, or for any other liability that may be imposed under this subchapter or under other applicable laws and regulations.
   (E)   Each industrial user shall designate at least one person or personnel position to be in charge of and responsible for the user’s discharges to the POTW, including responsibility for maintaining pretreatment facilities and operations, if any, and prevention of accidental discharges. The person or personnel position so designated shall be an individual with knowledge of all pollutants, toxic substances, and wastes routinely or potentially generated or used by the user, and of all process alterations that could, in any manner, increase or decrease normal daily flow or waste strength to the POTW. The name of the person or personnel position designated as provided by this section and a phone number where the person can be reached shall be submitted by each industrial user to the Director.
   (F)   Each industrial user required to develop a pollution incident prevention (“PIP”) plan as provided by the Department of Environmental Quality, Waste Management Division, Water Resources Protection, R 324.2001 et seq., as amended, shall submit a copy of that plan to the Director.
   (G)   The Director may require a user to prepare a waste minimization plan to reduce or minimize the amount of pollutants the user discharges to the POTW, including without limitation any toxic substance(s) with a specific discharge limit that is less than the quantification level and that is detected in wastewater at the user’s facility. This requirement may be contained in a wastewater discharge permit as provided in § 51.040(B)(2)(d). A waste minimization plan required by the Director shall describe the investigation of source and extent of pollutants, corrective action, verification of corrective action completion, and schedule for reducing or minimizing pollutants discharged to the POTW. The Director may require that a waste minimization plan include requirements for up-pipe monitoring at locations upstream from the point at which the user’s wastewater discharges to the POTW, including without limitation locations within the user’s facility, at a frequency and for a duration acceptable to the Director, to identify pollutants to be controlled or eliminated and to verify that the pollutants have been controlled or eliminated. A user required by the Director to prepare a waste minimization plan shall prepare and submit the waste minimization plan to the Director within the time period specified by the Director. Upon the approval of the Director, the user shall implement the waste minimization plan. The user shall take reasonable, cost-effective corrective actions to reduce or minimize the discharge of pollutants to the POTW as necessary to meet the requirements of this subchapter.
(Prior Code, § 51.31) (Ord. D-1927, passed 7-15-2002, effective 8-1-2002)