This article sets forth minimum requirements for nondomestic users (and any other users as required by the Director) to prepare for, respond to, and report, accidental discharges to the POTW. Additional or more restrictive requirements may be required for particular users under a user permit, a slug control plan, or by other applicable laws and regulations.
A. 
Each nondomestic user shall provide and continuously maintain protection from accidental discharge of materials or other substances regulated by this chapter as provided by this article. The City may refuse to accept current or proposed discharges from any user that fails to comply with the requirements of this article.
B. 
Detailed plans showing facilities and operating procedures to provide the protections required by this article shall be submitted to the POTW for review prior to construction of the facilities. All existing users shall submit the required plans and information with their permit applications or upon request of the POTW. For new sources, facilities and operating procedures to provide the protections required by this article shall be approved by the Director prior to commencing discharge. No user who commences discharging to the POTW after the effective date of this chapter shall be permitted to introduce pollutants into the system until accidental discharge facilities and procedures as provided by this article are in place and have been approved by the Director.
C. 
Facilities to prevent accidental discharge of regulated materials or substances shall be provided and maintained at the user's cost and expense. Review and approval by the Director of 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. Compliance with the requirements of this article shall not relieve a user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the POTW, or for any other damage to persons or property, or for any other liability that may be imposed under this chapter or under other applicable laws and regulations.
D. 
No change shall be made in any plan or procedure approved by the Director as provided by this article without the prior review and approval of the POTW.
E. 
All users shall notify the POTW in writing within five days of any change in the information required to be provided to the POTW as set forth below in this article (including, without limitation, information regarding the person in charge of discharge operations, the description of chemicals stored, used or manufactured by the user, the description of user discharges, and the description of user premises).
Each nondomestic user shall designate at least one person to be in charge of and responsible for the user's discharges to the POTW, including responsibility for maintaining pretreatment facilities and operations, if any, and prevention of accidental discharges (person in charge). The person so designated shall be an individual with knowledge of all toxic wastes or hazardous substances routinely or potentially generated by the user, and of all process alterations that could, in any manner, increase or decrease normal daily flow or waste strength to the POTW. The names of the person (or persons) designated as provided by this section and a phone number where the person can be reached for twenty-four-hour contact shall be submitted by each user to the POTW.
Unless the Director determines that all of the following information has already been appropriately provided to the POTW pursuant to other requirements of this chapter, each nondomestic user shall:
A. 
Catalog all chemicals stored, used, or manufactured by the user at the user's premises. The list of chemicals shall include specific chemical names (not just manufacturer's codes) and shall be provided to the POTW.
B. 
Provide the POTW with a written description of the user's discharge practices, including an estimate of daily average flows, waste strengths, and flow types, separated according to appropriate categories including process, cooling, sanitary, etc.
C. 
Provide to the POTW a detailed, scaled professionally prepared drawing of the user's plant building(s), including the location of pretreatment equipment, process and chemical storage areas, waste storage areas, floor drains located near process and storage areas, manhole or other control structures, and sewer locations at the user's point of discharge into the POTW.
Nondomestic users shall segregate wastewaters requiring pretreatment (including, without limitation, spent concentrates, toxics, and high strength organic wastes) as necessary to prevent pollutants from interfering with or passing through the POTW. All sludges generated by pretreatment shall be used and disposed of only as permitted by applicable local, state and federal laws and regulations.
A. 
Each nondomestic user must provide and maintain at the user's sole expense secondary spill containment structures (including diking, curbing or other appropriate structures) adequate to protect all floor drains from accidental spills and discharges to the POTW of any pollutants or discharges regulated by this chapter.
B. 
The containment or curbing shall be sufficient to hold not less than 150% of the total process area tank volume and not less than 150% of liquid polluting material stored or used, unless a lesser containment area or alternate control measures are approved in advance by the Director.
C. 
The containment area shall be constructed so that no liquid polluting material can escape from the area by gravity through the building sewers, drains, or otherwise directly or indirectly into the POTW. All floor drains found within the containment area must be plugged and sealed.
D. 
Spill troughs and sumps within process areas must discharge to appropriate pretreatment tanks.
E. 
Emergency containment shall also be provided for storage tanks that may be serviced by commercial haulers and for chemical storage areas.
F. 
Solid pollutants shall be located in security areas designed to prevent the loss of the materials to the POTW.
G. 
Detailed plans showing facilities and operating procedures to provide the protection required by this section shall be submitted to the Director for review, and shall be approved by the Director before construction. Construction of approved containment for existing sources shall be completed within the time period specified by the Director.
H. 
No new source shall be permitted to discharge to the POTW until emergency containment facilities have been approved and constructed as required by this section.
I. 
The Director may order a user to take interim measures for emergency containment as determined necessary by the Director under the circumstances.
A. 
Each user required to develop a pollution incident prevention (PIP) plan as provided by Part 5 of the Michigan Water Resources Commission Rules, 1979 ACR 323.1151 et seq., as amended (promulgated pursuant to Part 31 of Act 451 of the Public Acts of Michigan of 1994, MCL § 324.3101 et seq., as amended), shall submit a copy of that plan to the Director.
B. 
The PIP Plan shall be submitted to the Director within 60 days of the effective date of this chapter for an existing source, or 30 days prior to the date of discharge for a new source.
All nondomestic users shall post a clearly legible set of instructions in the area where the user manages wastewater so that the applicable reporting and notice requirements are made known and are available to the user's employees. In addition, all nondomestic users shall instruct their employees on the applicable reporting and notice requirements of this section.
A. 
In the case of an accidental discharge, a user shall immediately notify the POTW of the incident by telephone.
B. 
The notification shall include the name of the person placing the call, the name of the user, and all available information regarding the location of the discharge, its volume, duration, constituents, loading and concentrations, corrective actions taken and required, and other available information as necessary to determine what impact the discharge may have on the POTW.
C. 
A detailed written report providing the same and any additional available information (including specifying the measures that will be taken by the user to prevent similar future discharges) shall also be provided by the user to the Director within five days of the incident.
D. 
Providing notice of an accidental discharge shall not relieve a user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any other damage to person or property; nor shall such notice relieve a user of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law.
A. 
Each significant industrial user shall prepare and implement an individualized slug control plan to address notification, slug and/or spill prevention, containment, spill cleanup, and employee training. Existing significant industrial users shall submit a slug control plan to the Director for approval within 90 days of the effective date of this chapter. New sources that are significant industrial users shall submit a slug control plan to the Director for approval before beginning to discharge. Upon written notice from the Director, nondomestic users that are not significant industrial users may also be required to prepare and implement a slug control plan, and the plan shall be submitted to the Director for approval as specified in the notice.
B. 
Slug control plans must also be submitted for review and approval by the Director:
(1) 
As part of a user permit application and before the permit is issued; and an updated plan may be required in connection with any permit modification or reissuance; and
(2) 
The Director may also require a new or updated plan before constructing any new facilities.
C. 
Approval of a slug control plan shall not relieve a user from complying with laws and regulations governing handling of hazardous substances.
D. 
All slug control plans shall contain at least the following elements:
(1) 
A description of discharge practices, including nonroutine batch discharges;
(2) 
A description of stored chemicals, raw materials, and waste;
(3) 
The procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate any discharge prohibition, limitation or requirement under this chapter, and procedures for follow-up written notification within five days of the discharge;
(4) 
The procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and measures and equipment for emergency response.
(5) 
A description of any best management practices required by a pretreatment standard or requirement, a user permit, or other applicable laws and regulations.
E. 
If a user has submitted to the Director plans or documents pursuant to other requirements of local, state or federal laws and regulations which meet all applicable requirements of this § 28-10.09, the Director, in the Director's sole discretion, may determine that the user has satisfied the slug control plan submission requirements of this section.
F. 
Whether or not a user has an approved slug control plan in place, the user shall notify the POTW immediately of: (1) any slug discharges from the user's premises; and/or (2) any changes at the user's facility affecting the potential for a slug discharge from the user's premises. The notice shall be provided to the POTW as required for accidental discharges as required by § 28-10.08 (immediate notice by telephone followed by a written report).