Section 22-222.1 Reporting accidental or slug discharges.
Prior to the adoption of Ord. 16734 on 01/02/2001, Section 22-222.1 read as follows.
(a) In the case of any discharge, including, but not limited, to, accidental
discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that
may cause potential problems for the POTW, the user shall immediately telephone and notify the
director of the incident. This notification shall include the location of the discharge, type of
waste, concentration and volume, if known, and corrective actions taken by the user.
(b) Within five (5) days following such discharge, the user shall, unless waived
by the director,
submit a detailed written report describing the cause(s) 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, natural resources, 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
pursuant to this ordinance.
(c) A notice shall be permanently posted on the user's bulletin board or other
advising employees whom to call in the event of a discharge described in paragraph (a) above.
Employers shall ensure that all employees who may cause such a discharge to occur, are advised
of the emergency notification procedure.
(d) A documented and verified operating upset, as defined
in Sec. 22-210, shall be an
affirmative defense to any enforcement action brought against the user for violations attributable
to the upset event.
(Ord. No. 14914, § 1, 8-5-96)