§ 62-155. Responsibility for hazardous and accidental spills.

(a)

Accidental spill prevention plans (ASPP). Each discharger shall provide protection from accidental discharge of hazardous or toxic material or materials prohibited or regulated by this article. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. Detailed ASPPs, showing facilities and operating procedures to provide this protection shall be submitted to the POTW for review, and shall be approved by the authority before construction of the facility. Each existing discharger shall complete his ASPP and submit same to the authority within the time specified by the control authority. No discharger who discharges to the POTW after the specified date shall be permitted to introduce pollutants into the system until an ASPP has been approved by the authority. Review and approval of such plans and operating procedures by the authority shall not relieve the discharger of the responsibility to modify its facility as necessary to meet the requirements of this article or of the responsibility to comply with all other laws and regulations governing the use, storage, and transportation of hazardous substances.

(b)

Employee training. The industrial user shall permanently post a notice in a prominent place advising all employees to call (258-1655, 258-1663 or 911) immediately in the event of a dangerous discharge for which notification is required. Employers shall advise all employees who may cause or be injured by such a discharge of the emergency notification procedure.

(c)

Notification. Dischargers shall notify the superintendent immediately by telephone of the occurrence of a "slugload", or accidental discharge of substances prohibited by this article. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Within five days following the discharge the user shall submit a written report describing the cause of the discharge and the measures that will be taken by the user to prevent similar future discharges. Any discharger who discharges a slugload of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the city on account thereof under state or federal law and any fines, civil penalties or other liability.

(d)

Spill prevention plans and slugload evaluation. The POTW shall evaluate each significant industrial user at least once every two years, and other industrial users as necessary, to determine whether such user needs a plan to control slug discharges. SIU's are required to notify the POTW immediately of changes that occur at the facility affecting the potential for a slug discharge, thereby allowing the POTW to reevaluate the need for a slug control plan or actions to prevent such discharges. If the POTW decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:

(1)

Description of discharge practices, including nonroutine batch discharges;

(2)

Description of stored chemicals;

(3)

Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under section 62-147 with procedures for follow-up written notification within five days;

(4)

If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

(Ord. No. 5265, § 2, 8-2-2010)