§ 86-46. Accidental discharges.

(a)

Protection against. Each significant contributing industry 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 Environmental Protection Agency list, or any prohibited materials shall, upon the request of the board of commissioners, 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 cost and expense. Detailed plans showing facilities and operating procedures 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 the resolution from which this article is derived. Construction shall be completed within 180 days of approval of plans by the county. No significant contributing industry who commences contributing to the county wastewater system after the effective date of the resolution from which this article is 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.

(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 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 who to call in the event of an accidental discharge and advising of the emergency notification procedure.

(Res. No. 98-3, § 3-2.4, 3-10-1998)