Sec. 26-185.  Notification of accidental discharges and spills.


Notwithstanding other requirements of the law, as soon as any owner or operator for a facility, activity or operation, or responsible for emergency response for a facility, activity or operation has information of any known or suspected release of pollutants or non-stormwater discharges from that facility or operation which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the city's storm drain system, State water, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release so as to minimize the effects of the discharge.


Said person shall notify the authorized enforcement agency in person, by phone or by facsimile or e-mail no later than 24 hours after the discharge or spill of the nature, quantity and time of occurrence of the discharge.  Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency or designee within three business days of the phone call or by personal notification.  If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the action taken to prevent its recurrence.  Such records shall be retained for at least three years.  Said person shall also take immediate steps to ensure no recurrence of the discharge or spill.


In the event of such a release of hazardous materials, emergency response agencies and/or other appropriate agencies shall be immediately notified.


Failure to provide notification of a release as provided above is a violation of this Code.


Source:  Ord. No. 5086, 1, 8-3-09; Ord. No. 5237, 1, 12-3-12; Ord. No. 5624, 9, 8-5-19;