§ 20-5-113. ACCIDENTAL DISCHARGES.

(a)

Each user shall provide protection from accidental discharge of prohibited materials or substances. 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 Engineer for review and shall be approved by the Engineer before construction of the facility. All existing users shall complete such a plan within ninety (90) days from the effective date of this title (July 29, 1984). All users shall complete this plan prior to issuance of the wastewater discharge permit.

(b)

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

(c)

Within five (5) days following an accidental discharge of any prohibited substance, the user shall submit to the Engineer a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. This notification shall not relieve the user of any expense, loss, damage, or other liability which may be imposed as a result of the system, fish kills, or other damage to person or property. This notification shall not relieve the user of any fines, civil liability which may be imposed by this article, or other applicable law.

(d)

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 instruct all appropriate employees of the notification procedure.

(1988 Code, § 35-298) (Bill No. 30-03, § 1, 7-1-2004)