§ 13-261. Reporting unauthorized discharge.

As soon as any person in charge of a storage facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed, unauthorized discharge of a hazardous material that at STP is a liquid, a solid, or a gas, except inert gases and gases which are components of air, where located in the open atmosphere or are present in such volume and containment as to preclude a life threatening exchange with the existing atmosphere, such person shall take all necessary steps to ensure the discovery and containment and clean up of such discharge. Except as set forth in this section, the Fire Marshal shall be notified of the unauthorized discharge:

(1)

Recordable unauthorized discharge. A recordable, unauthorized discharge must be recorded, but not reported. Such a discharge shall meet all of the following criteria:

a.

The discharge is from a primary containment to a secondary containment or to a rigid, aboveground surface covering capable of containing the discharge until cleanup of the hazardous material is completed.

b.

The permittee is able to adequately clean up the discharge before it escapes from such secondary containment or such aboveground surface, and such cleanup requires less than eight hours.

c.

There is no increase in the hazard of fire or explosion, nor is there any production of a flammable or poisonous gas, nor is there any deterioration of such secondary containment or such rigid, aboveground surface.

d.

An otherwise recordable discharge does not need to be recorded if the discharge is not the result of the deterioration or failure of the primary container and the quantity discharged is less than one ounce by weight, and can be cleaned up within 15 minutes.

(2)

Reportable unauthorized discharge. Any other unauthorized discharge must be reported to the Fire Marshal immediately. The reporting party shall provide information to the Fire Marshal relating to the ability of the permittee to contain and dispose of the hazardous material, the estimated time it will take to complete containment and disposal, and the degree of hazard created. The Fire Marshal may verify that the hazardous material is being contained and appropriately disposed.

The Fire Marshal, at any time upon a determination that the permittee is not adequately containing and disposing of such hazardous material, shall have the power and authority to undertake and direct an emergency response in order to protect the public health and safety.

(3)

Gases at STP. Any person in charge of a storage facility or responsible for emergency response for a storage facility, who has knowledge of any unauthorized discharge of a hazardous material which is a gas at STP, except inert gases and gases which are components of air, must immediately report such discharge to the Fire Marshal. The Fire Marshal may take remedial action against permittee.

(Code 1973, § 15-96; Code 1992, § 13-181; Ord. No. 912-G, § 1(13-181), 1-8-2009)