(A) Users having the ability to cause interference or pass through or to discharge a slug shall provide protection from accidental discharge to the POTW of prohibited materials or other substances regulated by this subchapter. Facilities to prevent accidental discharge of prohibited materials shall be constructed, installed, operated and maintained at the user's sole cost and expense.
(B) Users meeting the criteria in division (A) above shall develop a spill containment plan. The plan shall require the approval of the WRA Director and shall contain the following:
(1) A description of discharge practices, including non-routine batch discharges;
(2) A description of stored chemicals;
(3) Procedures for immediately notifying the WRA of slug discharges, including any that would violate the discharge prohibitions in § 52.010. Notification procedures shall comply with divisions (C) and (D) below;
(4) A description of procedures and structures necessary to prevent adverse impacts upon the POTW from accidental spills including 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; and
(5) A schedule for the completion or implementation of necessary procedures and structures. Complete implementation and installation of any procedures or structures shall be according to the shortest possible schedule, but in no case longer than one year. Review and approval of these plans and operating procedures shall not relieve the user from the responsibility to modify and operate its facility as necessary to meet the requirements of this subchapter.
(C) Users shall immediately telephone and notify the WRA of any accidental or deliberate discharge of pollutants which violates § 52.010 or which is a slug load. Any discharge into the POTW of a substance which is a listed or characteristic waste under § 3001 of RCRA must be immediately reported to the United States Environmental Protection Agency Regional Director, the State Department of Natural Resources and the WRA. Notifications required in this division (C) shall include the name of caller, location and time of discharge, pollutant concentration, volume and the corrective actions taken.
(D) Users shall submit a written report to the WRA Director within five days following an accidental or deliberate discharge describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Users shall submit follow-up reports as may be required by the WRA Director. The report shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property, nor shall this report relieve the user of any fines, civil penalties or other liability which may be imposed by this subchapter or otherwise. Failure to report accidental or deliberate discharges may, in addition to any other remedies available to the city and sewer district, result in the revocation of the discharger's wastewater discharge permit.
(E) Users shall control production or all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss or failure of its pretreatment facility until the facility is restored or an alternative method of pretreatment is provided. This requirement applies in the situation where, among other things, the primary source of power to the user's pretreatment facility is reduced, lost or fails.
(F) Users required to have a spill containment plan must permanently post a notice in English and the language of common use on the user's bulletin board or other prominent place advising employees whom to call if a prohibited discharge occurs. Users shall ensure that all employees who are in a position to cause, discover or observe an accidental discharge are advised of the emergency notification procedures.
(Ord. 2010-09, passed 7-13-2010; Am. Ord. 2019-03, passed 2-26-2019; Am. Ord. 2022-09, passed 8-23-2022)