(A) Any person who operates, controls, or maintains a facility, premises, or property from which a spill occurs is responsible for notifying emergency response agencies and taking all necessary steps to ensure the discovery, containment, and cleanup of such release. This section is in addition to the procedures and requirements identified in the Indiana Spill Rule, 327 IAC 2-6.1.
(B) Any discharger who accidentally discharges into the MS4 or a waterbody any substance other than stormwater or an exempted discharge shall immediately inform the city concerning the discharge.
(C) A written report concerning the discharge shall be filed with the city, by the dischargers, within five days. The written report shall specify:
(1) The composition of the discharge and the cause thereof;
(2) The date, time, and estimated volume of the discharge;
(3) All measures taken to clean up the accidental discharge, and all measures proposed to be taken to prevent any recurrence; and
(4) The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.
(D) A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this subchapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs, or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section and the Indiana Spill Rule (327 IAC 2-6.1). This requirement does not relieve discharger from notifying other entities as required by state or federal regulations.
(Ord. 34, 2004, passed 11-22-2004; Am. Ord. 20, 2023, passed 9-25-2023)