Chapter 3 — SPILLS

5-10201 - SPILL PREVENTION PLAN.

Each user shall provide protection from spills of prohibited materials or other substances regulated by this chapter. The methods, procedures, mechanisms and facilities established and utilized for the purpose of preventing accidental discharges or spills of materials with pollution potential shall be provided and maintained at the owner's or user's own cost and expense. Level I PIF shall submit a SWPPP to the County. The SWPPP shall outline the user's spill prevention and response procedure, describe the nature and location of any chemicals stored on the user's premises, and shall contain procedures for immediately notifying the County and preventing adverse impacts of any discharge of such chemicals, substances, or materials.

Review and acceptance by the County of such plans and operating procedures shall not relieve the user from the responsibility to modify the user's facility as necessary to meet the requirements of this chapter.

(Ord. 3966 § 1 (part), 1998)

5-10202 - SPILL NOTIFICATION.

It shall be the responsibility of Level I Priority Industrial Facilities to immediately notify the appropriate authorities of the incident of accidental discharge or spill by telephoning 911, the local Police, Sheriff or Highway Patrol, the local Fire Department, the County Office of Emergency Services, the County Environmental Health Division, or the County Department of Public Works as may be appropriate for the type of spill and the risks associated with the material spilled. Notification shall include identification of the location of the discharge, the type of concentration and volume of waste and corrective actions taken and/or anticipated.

Within five (5) days following an accidental discharge or spill, the user shall submit to the Department of Public Works a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the County, fish kills, or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties, or other liabilities which may be imposed by this chapter or other applicable law.

A notice advising employees who to call in the event of an accidental discharge or spill shall be posted on the user's bulletin board or other prominent place. Employers shall provide spill prevention and response training for all employees who may be involved with an accidental discharge or spill incident.

All persons in charge of a facility or responsible for emergency response for a facility shall have a personal responsibility to train facility personnel and maintain notification procedures to assure immediate notification is provided to the County of any suspected, confirmed or unconfirmed release of material, pollutants, or waste creating a risk of discharge into the County storm drainage system and such persons shall forever be held personally liable for failure to do so.

As soon as any person in charge of a facility or responsible for emergency response for a facility has knowledge of any suspected, confirmed or unconfirmed release of materials, pollutants, or waste which may result in pollutants or non-storm water discharge entering the County storm drainage system, such person shall take all necessary steps to ensure the discovery and containment and clean up of such release and shall notify the appropriate authorities of the incident of accidental discharge or spill by telephoning 911, the local Police, Sheriff or Highway Patrol, the local Fire Department, the County Office of Emergency Services, the County Environmental Health Division, or the County Department of Public Works as may be appropriate

for the type of spill and the risks associated with the material spilled and shall confirm the notification by written correspondence to the Director of San Joaquin County.

(Ord. 3966 § 1 (part), 1998)