(A) In the event of any discharge of a hazardous substance in amounts that could cause a threat to public drinking supplies, a spill having a significant adverse impact as defined by the USEPA and state law, or any other discharge that could constitute a threat to human health or the environment, as may be asserted by the city, the owner or operator of the facility shall give notice to the city and the KDOW as soon as practicable, but in no event later than four hours after discovery of the accidental discharge or the discharger becomes aware of the circumstances.
(B) (1) If an emergency response by governmental agencies is needed, the owner or operator should call 911 immediately to report the discharge.
(2) A written report must be provided to the city within five days of the time the discharger becomes aware of the circumstances, unless this requirement is waived by the city for good cause shown as determined by the city or its designee on a case-by-case basis, containing the following information:
(a) A description of the discharge including volumes and concentrations;
(b) The exact dates and times of discharge; and
(c) Steps being taken to eliminate and prevent recurrence of the discharge.
(C) (1) The discharger shall take all reasonable steps to minimize any adverse impact to the MS4 or the waters of state, including accelerated or additional monitoring necessary to determine the nature and impact of the discharge.
(2) It shall not be a defense, for the discharger in an enforcement action, to claim that it would have been necessary to halt or reduce the business or activity of the facility in order to maintain storm water quality and minimize any adverse impact that the discharge may cause.
(Ord. 012-100, passed 4-9-2012)