A. This section shall apply to any person responsible for a facility, operation, or parcel, or responsible for emergency response for a facility, operation or parcel, whether or not a discharge permit is required to be obtained in connection with such facility, operation or parcel.
B. Notwithstanding other provisions of law, as soon as a person described in subsection A of this section has information of any known or suspected release of materials which are resulting, or may result, in a prohibited discharge, such person shall take the following actions:
1. Such person shall take all necessary steps to ensure the recovery, containment and cleanup of such release.
2. Such person shall immediately notify the director of the incident by telephone. This notification shall be in addition to, and not in lieu of, any other notifications required under applicable law. The notification shall include location of the release, the type, concentration and volume of the material, and any corrective actions taken or planned.
3. Such person shall, within five (5) days following the incident, submit to the director a detailed written report describing the cause of the release and the measures to be taken to prevent similar future occurrences. Such notification shall not relieve the person of any expense, loss, damage or other liability which may be incurred as a result of the release, nor shall such notification relieve the person of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law.
4. A notice shall be posted on the person's bulletin board or other prominent place advising employees of the incident, and of any possible dangers and safety precautions to be taken. Such notice shall also include recommended measures to prevent future releases.
5. 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 (3) years.
C. Each person subject to this section shall ensure that all employees are familiar with the requirements of this section. (Ord. 29-20, 2020: Ord. 53-07 § 18, 2007)