§ 58-160. Reports of potential problems.

(a)

Each industrial user shall provide protection from accidental or intentional discharges of prohibited materials or other substances regulated by this article. Facilities to prevent the discharge of prohibited materials shall be provided and maintained at the owner's or 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. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this article.

(b)

No industrial user who commences contribution to the system after the effective date of the ordinance from which this section is derived shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city.

(c)

If an accidental or other discharge occurs which may cause potential problems for the municipal wastewater system, it is the responsibility of the user to immediately telephone and notify the city of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(d)

Within five days following an accidental discharge, the user shall, unless waived by the superintendent, submit 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 system, natural resources 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.

(e)

Failure to notify the city of potential problem discharges shall be deemed a separate violation of this article.

(f)

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

(Ord. No. 91-4, § 6.5, 12-11-1991)