(A) Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this subchapter. 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 authority for review, and shall be approved by the authority before construction of the facility. Each existing discharger shall complete its plan and submit same to the authority within 180 days of adoption of this subchapter. No discharger who discharges to the POTW after the aforesaid date shall be permitted to introduce pollutants into the system until accidental discharge protection procedures have been approved by the authority.
(B) (1) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the authority of the incident.
(2) Review and approval of such plans and operating procedures by the authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this subchapter.
(C) Dischargers shall notify the authority immediately upon the occurrence of a slugload, or accidental discharge of substances prohibited by this subchapter. Significant industrial users are required to notify the authority immediately of any changes at its facility affecting the potential for a slug discharge. The notification shall include location of discharge, date and time thereof, type of waste, 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 POTW, in addition to the amount of any fines imposed on the authority on account thereof under state or Federal law.
(D) Within five days following such discharge, the user shall, unless waived by the authority, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this subchapter.
(E) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in division (A), above. Employers shall ensure that all employees, who could cause such a discharge to occur are advised of the emergency notification procedure.
(F) Dischargers must notify the authority immediately of any changes at the facility affecting the potential of a slug discharge. The authority will reevaluate the current slug control plan and determine if a new plan is necessary.
(G) The authority shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The authority may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the authority may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the authority of any accidental or slug discharge, as required by § 50.063(C) of this chapter; and
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(Ord. 12-2683, passed 8-20-12)