§ 51.106 ACCIDENTAL DISCHARGES.
   (A)   Each industrial user having the ability to cause interference with the POTW treatment plant or to violate the regulatory provisions of this chapter shall provide protection from accidental discharge to the POTW of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense.
   (B)   All industrial users whose wastewater included or could include compatible or incompatible pollutants in amounts great enough to cause interference with the POTW must have detailed plans on file at the POTW showing facilities and operating procedures to provide protection from accidental discharge. No industrial user who begins contributing to or could contribute such pollutants to the POTW after the effective date of this chapter shall be permitted to introduce such pollutants into the POTW until accidental discharge facilities and procedures, as appropriate, have been approved by the city and installed by the industrial user within one year from the date of approval. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of this chapter.
   (C)   (1)   In the case of an accidental or deliberate discharge of compatible or incompatible pollutants which may cause interference at the POTW or will pass through the POTW or violate requirements of this chapter, it shall be the responsibility of the industrial user to immediately telephone and notify the city of the incident.
      (2)   The notification shall include the name of the caller, the location and time of discharge, type of wastewater, concentration, and volume.
   (D)   (1)   Within 15 days following such an accidental or deliberate discharge, the industrial user shall submit to the city a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences.
      (2)   Followup reports may be required by the city as needed. Such report, or reports, shall not relieve the industrial user of any expense, loss, damage, or other liability which incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such report relieve the user of many fines, civil penalties, or other liability which may be imposed by this chapter or otherwise.
      (3)   Failure to report accidental or deliberate discharges may, in addition to any other remedies available to the POTW, result in the revocation of the discharger’s wastewater discharge permit.
   (E)   The industrial user shall control production or all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement includes the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
   (F)   (1)   A notice in English and the language of common use shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees whom to call in the event of an accidental or illegal discharge.
      (2)   Employers shall ensure that all employees who are in a position to cause, discover, or observe such discharge are advised of the emergency notification procedures.
(Prior Code, § 51.126) (Ord. 88-9, passed 9-20-1988) Penalty, see § 51.999