10.20.110 Accidental discharges.
As appropriate, industrial users shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. Where deemed necessary by the City, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user’s cost and expense. An accidental spill prevention plan (ASPP) or slug discharge control plan showing facilities and operating procedures to provide this protection shall be submitted to the City for review and approval before implementation. The City shall determine which industrial users are required to develop an ASPP and require said industrial users to submit the ASPP within 60 days after notification by the City. Each industrial user shall implement its ASPP as submitted after such ASPP has been reviewed and approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the industrial user from the responsibility to modify its facility as necessary to meet the requirements of this chapter.
(1) Any user required to develop and implement an accidental spill prevention plan shall submit a plan that addresses, at a minimum, the following:
(a) Description of discharge practices, including nonroutine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge that would violate any of the standards in MMC 10.20.090; and
(d) If necessary and applicable, procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic chemicals (including solvents), and/or measures and equipment for emergency response.
(2) Industrial users shall notify the City (wastewater treatment plant) immediately upon the occurrence of an accidental or other discharge that may cause potential problems for the POTW. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any industrial user that discharges prohibited materials shall be liable for any incurred 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.
(3) Written Notice. Within five days following an accidental discharge, the user shall submit to the Director 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 that may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability that may be imposed by this chapter or other applicable law.
(4) Signs shall be permanently posted in conspicuous places on industrial user’s premises, advising employees of who to call in the event of a discharge described in subsection (1) of this section. Employers shall instruct all employees who may cause or discover such a discharge with respect to emergency notification procedure.
(5) Industrial users required to develop an ASPP or slug discharge control plan, including significant industrial users, are required to notify the City immediately of any changes at the industrial facility affecting the potential for a slug discharge. (Ord. 106 § 4(3), passed 10-9-2012; Code 2014 § 52.04(C))