Petaluma Municipal Code Ch. 15.56 Accidental Discharge

Each user shall provide protection from accidental discharge of prohibited materials regulated by this chapter, by

federal or state regulations or other wastes determined to be harmful or hazardous by federal or state 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 city for review, and shall be approved by the city

before construction of the protective facilities. It is the user’s responsibility to 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 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, slug discharge, or accidental discharge. (Ord. 2282 NCS §3, 2007.)

Users shall immediately notify by telephone the city at the water recycling facility as designated in the permit or

dial 911 upon accidentally discharging waste in violation of these regulations and/or a slug load to enable counter

measures to be taken by the city to minimize damage to the sewerage system, the POTW and receiving water. The

notiWcation shall include location of discharge, type of waste, concentration and volume, and corrective actions.

This notiWcation 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.

The initial notiWcation shall be followed, within Wve days of the date of occurrence, by a detailed written statement

to the city describing the cause of the accidental discharge and the measures being taken to prevent future

occurrences. Such notiWcation will not relieve users of liability for any expense, loss or damage to the sewerage

system, or for any Wnes imposed by the city, or for other violations of federal, state, or local law where applicable.

(Ord. 2282 NCS §3, 2007.)

Any person, Wrm or corporation responsible for any unauthorized (including accidental) 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 notiWed and corrective actions taken. Discharger

shall keep all records related to the unauthorized discharge for at least three years or until the current permit

expires (Wve years). Records shall be available for review, by the city, upon request. (Ord. 2282 NCS §3, 2007.)

Any person, Wrm, or corporation responsible for any unauthorized (including accidental) discharge shall institute

and complete all actions necessary to remedy the e[ects of such unauthorized discharge, whether sudden or

gradual, with the cost borne by the discharger. When deemed necessary by the city, identiWcation and clean-up

may be initiated by the city or by an authorized individual or Wrm. All cost associated with such clean-up, plus the

current city administrative and overhead cost, shall be borne by the owner, operator or other person responsible

for the unauthorized discharge. These costs will be administratively imposed by the city. In the event that the

clean-up costs are less than the cost of legal disposal, an administrative penalty will be levied. The mandatory

minimum penalty will be the di[erence between the cost of legal disposal and the actual cleanup cost. This

mandatory minimum penalty shall be cumulative to other potential penalties and enforcement remedies. (Ord.

2282 NCS §3, 2007.)

A notice shall be permanently posted in a conspicuous place on the premises of each commercial or industrial

user advising employees whom to call in case of an accidental discharge in violation of these regulations.

Employers shall ensure that all employees who may cause or su[er such a dangerous discharge to occur are

advised of the emergency notiWcation procedure.

In order that employees of users are informed of the city requirements, users shall make available to their

employees copies of these regulations together with such other wastewater information and notices which may

be furnished by the city. (Ord. 2282 NCS §3, 2007.)

The user shall provide adequate containment, including secondary containment where necessary, of all persistent

deleterious waste products. The user shall be responsible for protecting the city sewer inlets from intentional or

unintentional discharges of nonapproved incompatible wastes. All points of entry to the sanitary sewer are subject

to review and approval by the city.

Potential points of entry of incompatible pollutants must be clearly labeled to warn against accidental discharge.

Every permitted user shall submit with the semiannual compliance monitoring report a statement to the city

declaring whether there have or have not been discharges in violation of these regulations during the previous six months. If there have been discharges in violation, an explanation of the circumstances and corrective action

taken is required for each incident. (Ord. 2282 NCS §3, 2007.)

The city shall evaluate, at least once every two years, whether each such signiWcant industrial user needs a plan to

control slug discharges. The city may evaluate whether nondomestic users which are not classiWed as signiWcant

industrial users need such a plan. If the POTW decides that a slug control plan is needed, the plan shall contain, at

a minimum, the elements described in Section 15.44.020(A)(68). (Ord. 2282 NCS §3, 2007.)