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Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the city’s MS4, or waters of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of nonhazardous materials, said person shall notify the city’s public works and utilities department in person or by phone or facsimile no later than five o’clock p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city’s public works and utilities department within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

Whenever necessary to control a spill to protect the city’s MS4 or whenever the director has cause to believe that spill control is required, the director or his or her designee may coordinate spill response procedures. In the event the owner or occupant refuses access to control a spill, the city is authorized to seek assistance from any court or competent jurisdiction in obtaining such entry. (Ord. 2546 NCS §2 (part), 2015; Ord. 2209 NCS §1 (part), 2005.)