§ 30-126. Excessive discharge, accidental discharge and storage of dangerous materials.

(a)

No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, or in any other pollutant specific limitation developed by the unified government or state.

(b)

In the case of an accidental discharge, it is the responsibility of the user to notify the director within 24 hours of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions. Each user, subject to the requirements of this article, may be required to provide protection from accidental discharge of prohibited materials or other substances regulated by this article. If required, facilities to prevent accidental discharge shall be provided and maintained at the user's own cost and expense. Detailed plans, showing facilities and operating procedures to provide this protection, shall be submitted to the unified government for review and approval before construction of the facility. Review and approval of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this article.

(c)

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 which may be incurred as a result of damage to the municipal sewer system, fish kills, or other damage to persons or property, and such notification shall not relieve the user of any fines, civil penalties or other liability which may be imposed by this or other applicable law.

(d)

The industrial user shall notify the director in writing of any discharge to the public sewers of more than 15 kilograms of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261, or amendment thereto. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261 or amendment thereto, the EPA hazardous waste number, and the type of discharge.

(e)

Industrial users discharging more than 100 kilograms of such waste per calendar month shall include the following in their notification to the extent that it is known and available:

(1)

Identification of the hazardous constituents in the wastes.

(2)

An estimate of the mass and concentration of their constituents.

(3)

A summary of the concentration of such constituents discharged during each calendar month.

(4)

An estimate of the mass of such constituents expected to be discharged during the next 12 months.

(f)

This notification shall be provided no later than 180 days after the initial discharge of any listed or characteristic hazardous waste. Any notifications under this regulation need be submitted only once for each hazardous waste discharged. However, if the nature of discharges changes, notification must be submitted. If the discharged wastes are acute hazardous wastes, as specified in 40 CFR 281.30(d) and amendments thereto and 40 CFR 281.33(e), a one-time notification is required. If new EPA regulations become effective which identify additional characteristics of currently recognized hazardous waste, the industrial user must notify the water pollution control division of the discharge of any such substances within 90 days of the effective date of such regulations. The industrial user must certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical when making any hazardous waste discharge notification as required in this section.

(g)

The user shall post a permanent notice on the 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 allow such a dangerous discharge to occur are advised of the emergency notification procedure.

(h)

The storage of material in sewered areas or in areas draining into the municipal sewer system which, because of discharge or leakage from such storage, may create an explosion hazard in sewage works or in any other way have a deleterious effect upon these works, treatment processes, or constitute a hazard to human beings, animals, or the receiving stream shall be subject to review of the director, who may require reasonable safeguards to prevent discharge or leakage of such materials.

(i)

The director may require a written slug control plan of any industrial user considered by director to be at risk for slug discharges based on annual surveillance monitoring or biennial evaluation by the control authority. If a slug control plan is required, it must contain the following:

(1)

A description of discharge practices, including nonroutine batch discharges.

(2)

A description of stored chemicals.

(3)

An outline of slug response procedures including the immediate notification of appropriate water pollution control personnel of the discharge, naming the materials discharged.

(4)

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 runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.

(Code 1988, § 30-175; Ord. No. O-46-05, § 1, 6-2-2005)