(A) All categorical industries with an industrial wastewater discharge permit, and all noncategorical industries discharging wastewater to the POTW but not required to have a permit, must notify the Director immediately of all discharges that could cause problems to the POTW, or which might result in a violation of a wastewater discharge permit or any other provision of this chapter.

(B) All industrial users shall notify the Director of any substantial changes in the user’s wastewater discharge at least ninety (90) days before the change is made.

(C) All industrial users with pretreatment facilities must verbally notify the Director within twenty-four (24) hours of an unanticipated wastewater bypass of the facility. If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the Director; if possible, at least ten (10) days before the date of the bypass. A bypass is only allowable if it will not cause National Pretreatment Standards or any other provision of this chapter to be violated, and is essential for proper maintenance of the facility to assure its efficient operation. Otherwise, the bypass of any pretreatment facility is strictly prohibited unless unavoidable to prevent loss of life, personal injury or severe property damage, and there were no feasible alternatives to the bypass.

(D) Each industrial user shall provide protection from accidental discharge of prohibited materials from other substances regulated by this chapter, and from discharges which exceed permit limitations. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the industrial user’s own cost and expense.

(E) For the purpose of this section, “accidental discharge” means an exceptional incident in which there is unintentional and temporary noncompliance with the standards for industrial discharge or sewer use promulgated in this chapter or in the significant industrial user’s industrial wastewater discharge permit. An accidental discharge does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance or careless or improper operation. Any person who wishes to establish the affirmative defense of accidental discharge shall demonstrate through properly signed operating logs or other relevant evidence that:

(F) In case of an accidental discharge, it is the responsibility of the industrial user to immediately notify the Director of the incident verbally. For the purpose of this section, “immediately” means within twenty-four (24) hours of the industrial user’s knowledge that the incident occurred. The notification shall include location of the discharge, type of waste, concentration and volume and corrective actions.

Within five (5) days following an accidental discharge, the industrial user shall submit to the Director a detailed written report describing the cause of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notifications shall not relieve the industrial user of any expense, loss, damages or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to persons or property; nor shall such notifications relieve the industrial user of any fines, civil penalties or other liability which may be imposed by this chapter or other applicable law. A notice shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees whom to call in the event of all accidental discharges. Users shall insure that all employees who may cause or discover such a discharge are advised of the emergency notification procedures.

(G) The industrial user shall be required to reimburse the City for the costs of any sampling or analysis necessitated by the accidental discharge in addition to any other fines, damages, penalty or costs that may be assessed by any provision of this chapter.

(H) It shall be unlawful for any industrial user to fail to notify the Director as required by this section and upon conviction thereof shall be subject to the penalties provided in Chapter 14.12.

(I) If samplings performed by an industrial user indicates a violation, the industrial user shall notify the Director within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Director within thirty (30) days after becoming aware of the violation.

(J) Significant industrial users shall notify the Director immediately of any charges at its facility affecting the potential for a slug discharge. (Ord. 22-42 § 43, 2022; Ord. 92-22 § 2, 1992; Ord. 84-105 § 1, 1984.)