(A) All persons in charge of a facility or responsible for emergency response for a facility have a personal responsibility to train facility personnel and maintain notification procedures to assure immediate notification is provided to the city of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge into the city surface water drain system.
(B) As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any suspected, confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-surface water discharge entering the city surface water drain system, such person shall take all necessary steps to ensure the discovery, containment and clean up of such release and notify the city of the occurrence within two hours of becoming aware of the occurrence.
(C) In the event of a release of hazardous materials, such person shall telephone 911 to report
the release immediately. In the event of a release of nonhazardous materials, see definition of HAZARDOUS MATERIALS in § 7.64.030, such person shall notify the City of Tulare, Public Works Department in person or by phone or facsimile immediately. Notifications in person and by phone shall be confirmed by written notice addressed and mailed, within three business days, to Public Works Director, City of Tulare, 411 E. Kern, Tulare, CA 93274, Attention: Spill Notification.
(D) Notification shall identify the location of the discharge, the type, concentration and volume of waste, and corrective actions taken. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the city, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liabilities which may be imposed by this chapter or other applicable law.
(E) A notice advising employees whom to call in the event of an accidental discharge or spill shall be posted on the user's bulletin board or other prominent place. Employers shall provide spill prevention and response training for all employees who may cause an accidental discharge or spill to occur.
(Ord. 16-13, passed 1-17-2017; Ord. 09-15, passed 11-3-2009)