Brentwood Municipal Code Art. 7 Accidental Discharge

Each user shall provide protection from accidental discharge of prohibited materials regulated by these regulations, by state or federal regulations, or other wastes determined to be harmful or hazardous by state or federal regulations into the city's sanitary sewer and/or storm sewer. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the director for review, and shall be approved by the director before construction of the protective facilities. The user shall submit plans which are in compliance with federal, state and local regulations.

The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facilities as necessary to provide the protection necessary to protect the sanitary sewer or storm sewer system. The review and approval of such plans will in no way relieve the user of any responsibility or liabilities in the event of a spill or accidental discharge.

(Ord. 941 § 2, 2015)

A. Industrial users shall immediately notify the director of any slug load or accidental discharge of waste or pollutants from the user's facility to the city's facilities. Notification shall be given by phone and shall include the location of discharge, type of waste, concentration and volume, and corrective actions taken. This notification does not relieve the user of the responsibility of notifying all other required agencies as outlined in the California Code of Regulations, Title 19, and other applicable regulations.

B. The initial notification shall be followed, within fifteen days of the date of occurrence, by a detailed written statement to the director describing the causes of the accidental discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss or damage, or for any fines imposed by the city, or for other violations of federal, state, or local law where applicable.

C. Industrial users shall notify the director within one business day in the event a sample result indicates that a constituent is in violation of the allowable concentration levels as set forth in the user's permit or permit contract.

(Ord. 941 § 2, 2015)

Any person, firm, or corporation responsible for any unauthorized discharge shall keep accurate records of the events of the discharge at the time of the discharge. The record shall include all pertinent information related to the unauthorized discharge, including, but not limited to, dates, times, names of parties involved, volume of discharge, substance discharged, agencies notified and corrective action taken. The user shall keep all records related to the unauthorized discharge for at least five years. Records shall be available for review, by the city, upon request.

(Ord. 941 § 2, 2015)

Any person, firm or corporation responsible for any unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, with the cost borne by the user. When deemed necessary by the director, identification and clean-up of the discharge may be initiated by the city or by an authorized individual or firm. All costs associated with such clean-up shall be borne by the owner, user or other person responsible for the unauthorized discharge.

In the event that the clean-up costs are less than the cost of legal disposal, a fine may be levied. The fine may be the difference between the cost of legal disposal and the actual cleanup cost, plus twenty-five percent of the total amount.

(Ord. 941 § 2, 2015)

A notice shall be furnished and permanently posted in a conspicuous place on the premises of each commercial user or industrial user advising employees whom to call in case of an accidental discharge in violation of these regulations.

(Ord. 941 § 2, 2015)

In order that employees of users be informed of city requirements, users shall make available to their employees copies of these regulations together with other environmental information and notices which may be furnished by the city.

(Ord. 941 § 2, 2015)

The user shall provide adequate containment of all persistent or harmful waste products. The user shall protect the city sanitary sewer from intentional or unintentional discharges of non-approved/incompatible wastes. All points of entry to the sanitary sewer are subject to review and approval by the director. Potential points of entry of incompatible pollutants must be clearly labeled to warn against accidental discharge. The user shall immediately report any discharge of any incompatible pollutants to the sanitary sewer.

(Ord. 941 § 2, 2015)

All users are required, when requested by the director, to develop and implement a slug/spill prevention plan. Each plan shall include as a minimum: discharge practices (including nonroutine batch discharges), guidelines for storage of chemicals, location of chemical storage, procedures to notify the POTW immediately of slug discharges, operation and maintenance procedures, general housekeeping practices, training programs, and other important information as required.

(Ord. 941 § 2, 2015)