Chapter 14.03
ACCIDENTAL DISCHARGE PROVISIONS1
Sections:
14.03.010 Accidental discharges.
14.03.010 Accidental discharges.
A. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this title. Facilities, equipment, materials, etc., to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense.
B. Industrial users having a history of, or possessing the potential for accidental discharges or spills that could upset the treatment plant or cause a violation of the treatment plant’s NPDES permit shall implement an effective accidental spill and prevention program. A spill prevention plan shall be submitted to the plant superintendent within ninety days of notification of requirement by the plant superintendent. Any user who commences contribution to the plant after the effective date of the ordinance codified in this title shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been submitted and approved by the plant superintendent. 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 title.
C. The plan shall include at least the following elements and shall be available for inspection at the facility during normal business hours:
1. A description of discharge practices, including nonroutine batch discharges;
2. A description of process chemicals and stored chemicals;
3. Provisions for immediate notification of the plant superintendent of any accidental and/or slug discharge;
4. A description of the potential points of entry into the sewer system;
5. A description of the measures to be taken to prevent entry at the described points before a spill occurs;
6. Measures to be taken in the event of a spill of prohibited or restricted materials to contain them;
7. A description of employee training in the prevention and control of spills.
D. A valid spill prevention containment and countermeasure plan required under the Federal Clean Water Act may be acceptable in lieu of developing a new spill control plan, provided the plan adequately addresses the elements required.
E. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the plant superintendent of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions. Failure to comply shall cause the user to be in violation of this title.
F. A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees to notify the industrial user’s authorized representative of an upset or accidental discharge. Employers shall insure that all employees who may cause or allow such a dangerous discharge to occur are advised of the emergency notification procedure.
G. Within five days following an accidental discharge, the user shall submit to the plant superintendent 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 collection system or treatment plant, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed by this title or other applicable law.
H. Direct or indirect connections or entry points which could allow spills or uncontrolled discharges of prohibited or restricted substances to enter the sewer system shall be eliminated, labeled or controlled so as to prevent the entry of wastes in violation of this title. The manager/plant superintendent may require the industrial user to install or modify equipment or make other changes necessary to prevent such discharges as a condition of issuance of an industrial waste discharge permit or as a condition of continued discharge into the sewer system. A schedule of compliance shall be established by the plant superintendent which requires completion of the required actions within the shortest reasonable period of time. Violation of the schedule without an extension of time granted by the plant superintendent is a violation of this title.
I. No user shall include discharge to the sanitary sewer as a part of a contingency plan required by other federal or state regulation to fulfill the requirements of any other regulatory permit. Containment on site according to methods approved by the EPA and/or the Department of Environmental Quality shall be followed. (Ord. 1676(part), 1992).
14.03.020 Operating upsets.
A. Any user which experiences an upset in operation which places the user in a temporary state of noncompliance with this title or an industrial wastewater discharge permit issued pursuant to this title shall inform the plant superintendent of the upset immediately and in no case more than within twenty-four hours of the first awareness of it. The user shall also submit, within twenty-four hours of becoming aware of the upset, a description of the discharge and its causes, the period of noncompliance (if not corrected, the time noncompliance is anticipated to end), and the steps being taken to reduce, eliminate and prevent recurrence of the noncompliance. If the information is given orally, the user must also submit a written report containing such information within five days unless waived by the plant superintendent.
B. It shall be an affirmative defense to an enforcement action brought against a user for violating a pretreatment standard and requirement if the following is established:
1. The user can identify the cause of the upset;
2. The facility was operating in a prudent and workmanlike manner at the time of the upset and was in compliance with applicable O&M procedures;
3. The upset was reported in accordance with the requirement of this section.
C. Noncompliance caused by operational error, improperly designed pretreatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation does not constitute an upset.
D. The establishment of an affirmative defense under the provisions of this section does not relieve the user of liability for damages or extraordinary costs incurred by the wastewater treatment system as a result of the discharge. (Ord. 1676(part), 1992).
Prior ordinance history: Ord. 1618.