§ 52.027 ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS.
   At least once every two years the Control Authority shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The Control Authority may require any user to develop, submit for approval, and implement such a plan. An accidental discharge/slug control plan shall address, at a minimum, the following:
   (A)   Description of discharge practices, including nonroutine batch discharges;
   (B)   Description of stored chemicals;
   (C)   Procedures for immediately notifying the Control Authority of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in this chapter; and
   (D)   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 of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
   (E)   In the case of any discharge, including but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a non-customary batch discharge, or a slug load that may cause potential problems for the system, it is the responsibility of the user to immediately telephone and notify the Control Authority of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
   (F)   Within five days following an accidental discharge, the user shall submit to the Control Authority a detailed written report, describing the nature and cause of the discharge and the measures to be taken by the user to prevent similar future occurrences.
      (1)   Such notification shall not relieve the user of any expense, loss, damage or other liability that may be incurred as a result of damage to the system, the environment, or any other damage to user or property.
      (2)   Nor shall such notification relieve the user of any fines, penalties or other liability that may be imposed by this chapter or other applicable law.
   (G)   Failure to notify the Control Authority of an accidental discharge may result in legal action or discontinuation of service.
   (H)   Notice to employees.
      (1)   As a part of the accidental spill prevention plan, a notice shall be permanently posted on the user's bulletin board or other prominent place, advising employees whom to call in the event of an accidental discharge.
      (2)   Employers shall insure that all appropriate employees are advised of the emergency notification procedures to be used in the event of an accidental discharge.
(Ord. 2005-8-226, passed 8-2-05; Am. Ord. 2007-06-291, passed 6-5-07)