§ 27-155. Notice requirements; affirmative defense.

(a)

Any person who accidentally discharges into the MS4 any substance other than stormwater shall upon becoming aware of the discharge immediately inform the city of the discharge. If the accidental discharge occurs during normal weekday business hours, the discharger shall immediately notify the city engineer. At all other times, the discharger shall immediately notify the city police department.

(b)

If notice of the accidental discharge is given orally, a written report concerning the discharge shall be filed with the city engineer within five (5) days. The written report shall specify:

(1)

The composition of the discharge and the cause thereof.

(2)

The exact date, time, duration, and estimated volume of the discharge.

(3)

All measures taken to clean up the accidental discharge, and all measures proposed to be taken to reduce and prevent any recurrence.

(4)

The name and telephone number of the person making the report, and the name and telephone number of a person who may be contacted for additional information on the matter.

A discharge shall be considered properly reported only if the discharger complies with all the requirements of this subsection (b).

(c)

A properly-reported accidental discharge that also meets the requirements of this subsection (c) shall be an affirmative defense to a municipal civil infraction proceeding brought under this article against a person for the discharge. It shall not, however, be a defense to a legal action brought to obtain an injunction, to obtain recovery of costs, or to obtain other relief related to the discharge. In a municipal civil infraction proceeding, the person seeking to establish the affirmative defense for the accidental discharge shall have the burden of proof and must demonstrate, through properly signed, contemporaneous written records, or other relevant evidence, all of the following:

(1)

An accidental discharge occurred and the person can identify the cause(s) of the accidental discharge;

(2)

The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures as provided by the O&M plan and agreement;

(3)

The accidental discharge was not caused by operational error, improperly designed or inadequate stormwater management system, lack of preventative maintenance, or careless or improper operation.

(Ord. No. 2011.01, § 1, 1-11-11)