§ 74-110. Accidental discharges.

(a)

Each industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this division. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or industrial user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. All existing industrial users shall complete such a plan within 180 days after the effective date of this division. No industrial user who commences contribution to the WWF and/or COPOSS after the effective date of this division shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the industrial user's facility as necessary to meet the requirements of this division. In the case of an accidental discharge, it is the responsibility of the industrial user to immediately telephone and notify the WWF of the incident. The notification shall include location of discharge, type of waste, concentration and volume, and corrective actions.

(b)

Within five days following an accidental discharge, the industrial user shall submit to the city manager or his designee a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which may be incurred as a result of damage to the WWF and/or COPOSS, fish kills or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this division or other applicable law.

(c)

A notice shall be permanently posted on the industrial 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. 2012-17, § 1, 7-24-12)