§ 25-127. Accidental discharges.

(a)

Each significant user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be prepared by each significant user and shall be subject to review and approval by the city manager, at his option, before construction of the facility. All existing significant users shall complete such a plan by January 1, 1983. No significant user who commences contribution to the POTW after the effective date of Ordinance No. 10574 shall be permitted to introduce pollutants into the system until approved accidental discharge procedures have been developed by the user. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this article. In the case of an accidental discharge, it is the responsibility of the user to immediately verbally notify the POTW of the incident. The notification shall include location and duration of discharge, type of waste, concentration and volume, and corrective actions.

(b)

Within five (5) days following an accidental discharge, the user shall submit to the city manager a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. 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 POTW, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.

(c)

A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a dangerous discharge to occur are advised of the emergency notification procedure.

(Ord. No. 10574, § 2.21, 6-20-83; Ord. No. 10911, § 1, 4-2-90; Ord. No. 11496, 5-7-2001)