1. The person in charge of any facility, vehicle, or other source of any spilling, leaking, pumping, pouring, emitting, emptying, discharging, escaping, leaching, dumping, disposing, or any other release of any of the following quantities of any of the following substances that may flow, leach, enter, or otherwise be introduced into the stormwater drainage system or waters of the United States shall immediately notify the City concerning an incident involving any of the following:
(i) An amount equal to or in excess of a reportable quantity of any hazardous substance, as established under 40 CFR part 302;
(ii) An amount equal to or in excess of a reportable quantity of any extremely hazardous substance, as established under 40 CFR part 355;
(iii) An amount of oil that either:
(1) Violates applicable water quality standards; or
(2) Causes a film or sheen upon or discoloration of the surface of the water or an adjoining shoreline or causes a sludge or emulsion to be deposited beneath the surface of the water or upon an adjoining shoreline; or
(iv) Any harmful quantity of any pollutant.
2. A person performing the notification required by
Section 7.3.3.K.1 should be prepared to supply the following information:
(i) The identity or chemical name of the substance released, and whether the substance is an extremely hazardous substance;
(ii) The exact location of the release, including any known name of the waters involved or threatened and any other environmental media affected;
(iii) The time and duration of the release;
(iv) An estimate of the quantity and concentration (if known) of the substance released;
(v) The source of the release;
(vi) Any known or anticipated health risks associated with the release and, where appropriate, advice regarding medical attention that may be necessary for exposed individuals;
(vii) Any precautions that should be taken as a result of the release;
(viii) Any steps that have been taken to contain and clean up the released material and minimize its impacts; and
(ix) The name(s) and contact information of the person or persons to be contacted for further information.
3. Within fifteen (15) calendar days following such release, the responsible person in charge of the facility, vehicle, or other source of the release shall, unless waived by the City Council, submit a written report containing each of the items of information specified in
Subsection 7.3.3.K.2, as well as the following additional information:
(i) The ultimate duration, concentration, and quantity of the release;
(ii) All actions taken to respond to, contain, and clean up the released substances, and all precautions taken to minimize the impacts;
(iii) Any known or anticipated acute or chronic health risks associated with the release;
(iv) Where appropriate and releasable under federal law, advice regarding medical attention necessary for exposed individuals;
(v) The identity of any governmental/private sector representatives responding to the release; and
(vi) The measures taken or to be taken by the responsible person(s) to prevent similar future occurrences.
4. Performance of the notifications required by this
subsection 7.3.3.K do not relieve the responsible person of any expense, loss, damage, or other liability which may be incurred as a result of the release, including any liability for damage to the City, to natural resources, or to any other person or property.
5. Any person responsible for any release described in this
Subsection 7.3.3.K is responsible for any fine, penalty, or other liability which may be imposed pursuant to this article or to state or federal law even if that person notified the City of the release.
6. Any person responsible for any release as described in this
Subsection 7.3.3.K shall comply with all state, federal, and any other local law requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release. The responsible party shall provide to the City any and all documentation, reports, or communications with regulatory authorities associated with the release at the request of the City.
7. Any person responsible for a release described in this
Subsection 7.3.3.K shall reimburse the City for any cost incurred by the City in responding to the release.
See
§ UDC-7.3.3K.
