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<br /> <br /> <br /> <br /> <br /> <br /> levels use of which shall be subject to the specific <br /> approval of the Supervisor. <br /> <br /> H. ACCIDENTAL DISCHARGE <br /> <br /> Each user shall provide protection from accidental <br /> discharge of prohibited materials or other substances <br /> regulated by this ordinance. The facilities to prevent <br /> accidental discharge of prohibited materials shall be <br /> provided and maintained at the owner or user's own cost <br /> and expense. Detailed plans showing facilities and <br /> operating procedures to provide this protection shall be <br /> submitted to the City for review, and shall be approved by <br /> the City before construction of the facility. All existing <br /> users shall complete a plan by July 1, 1983. No user who <br /> commences contribution to the POTW after the effective date <br /> of this chapter shall be permitted to introduce pollutants <br /> into the system until accidental discharge procedures have <br /> been approved by the City. Plans approved by or on file <br /> with State or Federal agencies will be considered sufficient <br /> to meet ordiriance requirements it reviewed by and on file <br /> with the City. Review and approval of such plans and <br /> operating procedures shall not relieve the industrial user <br /> from the responsibility to modify the user's facility as <br /> necessary to meet the requirements of this ordinance. In <br /> the case of an accidental discharge, it is the responsibility <br /> of the user to immediately telephone and notify the POTW of <br /> the accident, specifying the following: <br /> a) location of point of discharge; <br /> b) type of waste or pollutant discharged; <br /> c) concentration and volume of discharge; <br /> d) corrective action taken at point of discharge. <br /> In addition, within five (5) days following an <br /> accidental discharge, the user shall submit to the <br /> Supervisor a detailed written report describing the cause of <br /> the discharge and the measures to be taken by the user to <br /> prevent similar future occurrences. Such notification shall <br /> not relieve the user of any expense, loss, damage, or other <br /> liability which may be incurred as a result of damage to the <br /> POTW, fish kills, or any other damage to person or <br /> property; nor shall such notification relieve the user of any <br /> fines, civil penalties, or other liability which may be <br /> imposed by this article or other applicable law. <br /> Furthermore, a notice shall be posted with other <br /> emergency phone numbers advising designated employees <br /> whom to call in the event of a dangerous discharge. <br /> Employers shall insure that all employees who may cause or <br /> suffer such a discharge to occur are advised of the <br /> emergency notification procedure. <br /> Complete compliance with this section along with a <br /> documented and verified bonafide operating upset shall be <br /> an affirmative defense to any enforcement action brought by <br /> the administration against the user for any non-compliance <br /> with this ordinance or any Wastewater Contribution Permit <br /> issued pursuant to this ordinance which arises out of <br /> violations alleged to have occurred during the period of the <br /> upset. <br /> <br /> <br /> <br /> <br /> <br /> <br /> 17 <br />