§ 122-192. Accidental discharges.

(a)

Protection against.

(1)

Generally. Each significant industrial user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Additionally, any person or industry which handles hazardous wastes, any priority pollutant as shown on the EPA list or any prohibited materials shall, upon the request of the county, provide proof of protection from accidental discharge of hazardous wastes, priority pollutants or prohibited materials. Facilities to prevent accidental 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 procedure to provide this protection shall be submitted to the county for review and shall be approved by the county before construction of the facilities. All existing users shall complete such a plan within 90 days after the effective date of this article. Construction shall be completed within 180 days of approval of plans by the county. No significant industrial user who commences contribution to the county wastewater system after the effective date of the ordinance from which this article was derived shall be permitted to introduce pollutants into the system until accidental discharge procedures and facilities, if required, have been approved by the county. 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.

(2)

Slug control plan. The county shall evaluate all significant industrial users, within one year of being designated a significant industrial user, to determine whether a plan or other action to control slug discharges is necessary. If the county determines that a slug control plan is needed, the plan shall be based on requirements in 40 CFR 403.8(f)(2)(vi). A slug control plan shall contain, at a minimum, the following elements:

a.

Description of discharge practices, including nonroutine batch discharges.

b.

Description of stored chemicals.

c.

Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five days.

d.

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 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.

(b)

Oral notice to county. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the county water system of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions taken.

(c)

Written notice to county. Within five days following an accidental discharge, the user shall submit to the county 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 county wastewater facilities, 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 which may be imposed by this article or other applicable law.

(d)

Notice to employees. A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of an accidental discharge. Employers shall ensure that all employees who may cause or suffer such an accidental discharge to occur are advised of the emergency notification procedure.

(Ord. of 6-28-88, § 3-26-103; Amd. of 2-26-13)