(a) Each Significant Industrial User (SIU) which is required to obtain a wastewater discharge permit under Section 923.14, discharger, storm water discharger, person or governmental entity as required by the Director or his authorized representative shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this section. Detailed plans or new construction showing facilities and operating procedures to provide this protection shall be submitted to the Director and Building Inspector for review, and shall be approved by the Director before construction of the facility. Each existing facility shall complete its plan and submit same to the Director and Building Inspector as required by the Director. New SIU’s who discharge to the POTW shall not be permitted to introduce pollutants into the system until accidental discharge protection procedures have been submitted and approved by the Director or his authorized representative. Review and approval of those plans and operating procedures by the City shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this section.
(b) A person shall notify the City immediately upon the occurrence of a slugload or accidental discharge of wastes prohibited by this chapter. The notification shall include the location of the discharge, date and time, type of waste, concentration and volume and corrective actions. A person who discharges any prohibited liquid or solid waste into a public sewer or natural outlet shall be liable for any expense, loss or damage to the sewage works. In addition, he shall be liable for any fines imposed on the City under State or Federal law as a result of this discharge. Each such discharge and each day on which there continues to be a discharge shall be considered separate violations and the penalties and costs shall be levied accordingly. Such penalties and costs shall be collected by the City in the same manner as all other charges set by the City.
(c) Any person who is unintentionally and temporarily in a state of noncompliance with this chapter due to factors beyond his reasonable control shall inform the City, within twenty-four hours of the commencement of the operating upset. Where information is given orally, the person shall file a written follow-up report with the City within five days. The report shall:
(1) Describe the incident, its cause and its impact on the person's compliance status;
(2) Give the duration of noncompliance, including exact dates and times of noncompliance. If the noncompliance continues, the time by which compliance is reasonably expected to occur; and
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of the conditions of noncompliance.
A documented and verified operating upset shall be an affirmative defense to any enforcement action brought by the City against a discharger for noncompliance with the chapter.
(d) Signs shall be permanently posted in conspicuous places on the person's premises advising employees whom to call in the event of a slugload, accidental discharge or operating upset. Any employee who may cause or discover such a discharge shall be given instruction in emergency notification procedures.
(Ord. 82-211. Passed 12-13-82.)
(e) The Director may require any user to develop, submit for approval, and implement a Slug Control Plan. An Accidental Discharge/Slug Control Plan shall address, at a minimum, the following:
(1) Description of stored chemicals; and
(2) Procedures for immediately notifying the Director of any accidental or slug discharge, as required by subsection (b) hereof; and
(3) Procedures to prevent adverse impact from any accidental spills 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.
(f) The Director may evaluate the need for the significant industrial user to develop a slug discharge control plan at least once during the term of each SIU's wastewater discharge permit, or within one (1) year of being identified as a SIU.
(g) Dischargers are required to notify the Director of any significant changes at its facility or system which might alter the nature, quality or volume of its wastewater at least thirty (30) days prior to the change.
(Ord. 15-123. Passed 11-23-15.)