(A) Any discharger who accidentally discharges into a waterbody any substance other than stormwater or an exempted discharge as defined by state statute shall immediately inform the city concerning the discharge. A written report concerning the discharge shall be filed with the city and IDEM, by the dischargers, within 5 days. The written report shall specify:
(1) The name of the discharger;
(2) The date, time and location of the discharge;
(3) The composition of the discharge (including volume);
(4) The cause of the discharge;
(5) All measures taken to clean up the discharge, and all measures proposed to be taken to prevent any recurrence;
(6) The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.
(B) A properly reported accidental discharge shall be an affirmative defense to a civil infraction proceeding brought under this chapter against a discharger for such discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs or to obtain other relief because of or arising out of the discharge. A discharge shall be considered properly reported only if the discharger complies with all the requirements of this section and the Indiana Spill Rule (327 I.A.C. 2-6.1). This requirement does not relieve discharger from notifying other entities as required by state or federal regulations.
(Ord. 10-2024, passed 7-8-2024)