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<br /> <br /> <br /> <br /> <br /> <br /> Sec. 34-111. Accidental Discharge. <br /> <br /> (a) Each user shall provide protection from <br /> accidental discharge of prohibited materials or <br /> other substances regulated by this article. The <br /> faeilities to prevent accidental discharge of <br /> prohibited materials shall be provided and main- <br /> tained at the owner's or user's own cost and <br /> expense. Detailed plans showing facilities and <br /> operating procedures to provide this protection <br /> shall be submitted to the City for review, and <br /> shall be approved by the City beforE construction <br /> of the facility. No user who commences contribu- <br /> tion to the POTW after the effective date of this <br /> article shall be permitted to introduce pollutants <br /> into the system until accidental discharge proce- <br /> dures have been approved by the City. Plans <br /> approved by or on file with state or federal <br /> agencies will be considered sufficient to meet <br /> article requirements if reviewed by and on file <br /> with the City. Users required to have such plans <br /> must review the plan every three (3) years and make <br /> such changes as needed to comply with this section <br /> and any applicable state and federal laws concern- <br /> ing such plans. Review and approval of such plans <br /> and operating procedures shall not relieve the <br /> industrial user from the responsibility to modify <br /> the user's facility as necessary to meet the <br /> requirements of this article. In the case of an <br /> accidental discharge, it is the responsibility of <br /> the user to immediately telephone and notify the <br /> POTW of the accident, specifying the tollowing: <br /> (l) Location of point of discharge; <br /> (2) Type of waste or pollutant discharged; <br /> (3) Concentration and volume of discharge; <br /> and, <br /> (4) Corrective action taken at point of <br /> discharge. <br /> (b) In addition, within five (5) days follow- <br /> ing an accidental discharge, the user shall submit <br /> to the supervisor a detailed written report <br /> describing the cause of the discharge and the <br /> measures to be taken by the user to prevent similar <br /> future occurrences. Such notification shall not <br /> relieve the user of any expense, loss, damage or <br /> other liability which may be incurred as a result <br /> of damage to the POTW, fish kills or any other <br /> damage to person or property; nor shall such <br /> notification relieve the user of any fines, civil <br /> penalties or other liability which may be imposed <br /> by this article or other applicdble law. <br /> (c) Furthermore, a notice shall be posted <br /> with other emergency telephone numbers advising <br /> designated employees whom to call in the event of a <br /> dangerous discharge. Employers shall ensure that <br /> all employees who may cause or suffer such a <br /> discharge to occur are advised of the emergency <br /> notification procedure. <br /> (d) Complete compliance with this section <br /> along with documented and verified bona fide <br /> operating upset shall be an affirmative defense to <br /> any enforcement action brought by the administra- <br /> tion against the user for any noncompliance with <br /> -30- <br />