12.12.100 Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials that is resulting in or may result in illegal discharges of pollutants onto or into public rights-of-way, storm water, the municipal storm water system, or waters of the State, said person shall take all necessary steps to ensure the discovery, immediate notification, containment, and cleanup of such release.
(1) In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the City of Millersburg immediately in person or by telephone. Notification of the emergency response agencies or the City of Millersburg does not relieve the discharger of their responsibility to also notify appropriate State and Federal agencies.
(a) Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City of Millersburg City Engineer within five business days of the original notice. The notice shall include a detailed written statement submitted by the discharger describing the causes of the discharge, measures taken to mitigate the spill, and the measures taken to prevent any future occurrence.
(b) If the discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
(2) The person responsible for the discharge of pollutants or hazardous materials to the environment shall be responsible for all cleanup costs. All related City expenses including, but not limited to, costs for identification, hazard assessment, and containment shall also be fully reimbursed.
(3) In general, reimbursement costs are those incident costs that are eligible, reasonable, necessary, and allocable to the incident. Costs allowable for reimbursement may include, but are not limited to:
(a) Disposable materials and supplies provided, consumed and expended specifically for the purpose of the incident for which reimbursement is being requested;
(b) Compensation of the employees for the time devoted specifically to the incident;
(c) Rental or leasing of equipment used specifically for the incident;
(d) Replacement costs for equipment or property owned by the City that is contaminated or damaged beyond reuse or repair;
(e) Decontamination of equipment that was used during the incident;
(f) Special technical services required for the incident; and
(g) Laboratory expenses for the purpose of analyzing samples taken during the incident. (Ord. 166, passed 12-10-2019)