83-012 ORD ARTICLE III SEWER USE ORDINANCE

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H. ACCIDENTAL DISCHARGE Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this ordinance. The facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City for review, and shall be approved by the City before construction of the facility. All existing users shall complete a plan by July l, 1983. No user who commences contribution to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approvecl by the City. Plans approved by or on file with State or Federal agencies will be considered sufficient to meet ordinance requirements if reviewed by and on file with the City. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this ordinarice. In the case of an accidental dis- charge, it is the responsibility of the user to immediately telephone and notify the POTW of the accident, specifying the following: a) location of point of discharge; b) type of waste or pollutant discharged; c) concentration and volume of discharge; d) corrective action taken at point of discharge. In addition, within five (5) days following an accidental dis- charge, the user shall submit to the Superintendent 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 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 which may be imposed by this article or other appli- cable law. Furthermore, a notice shall be posted with other emergency phone numbers advising designated employees whom to call in the event of a dangerous discharge. Employers shall insure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure. Complete compliance with this section along with a documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the administration against the user for any non-compliance with this ordinance or any Wastewater Contribution Permit issued pursuant to this ordinance which arises out of violations alleged to have occurred during the period of the upset. I. FEDERAL CATEGORICAL PRETREATMENT STANDARDS When promulgated, Federal Categorical Pretreatment Standards for a particular category, if more stringent than the limitations imposed by this ordinance for users in that category or subcategory, shall immediately supercede the limitations imposed under this chapter. The Superintendent shall notify all affected users of the applicable reporting requirements under 40 CFR, SEction 403.12. J. MODIFICATION OF FEDERAL CATEGORICAL PRETREATMENT STANDARDS Where the City wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the City may apply to the Administrator of the EPA for modification of the specific limit(s) in the federal pretreatment standards. "Consistent 15