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 results or may result in illegal
discharges or pollutants discharging into the MS4 or private property,
said person shall take all necessary steps to ensure the source and
discovery, containment, and cleanup of such release. In the event
of such a release of hazardous materials, said person shall immediately
notify NYSDEC of the occurrence via emergency dispatch services or
911. In the event of a release of nonhazardous materials, said person
shall notify the SMO in person, by telephone, or email no later than
the next business day. Notifications in person, by telephone, or email
shall be confirmed by written notice addressed and mailed to the SMO
within three business days of the notification. 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.
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