---
title: Duluth UDC § 1028.04 — Duluth
jurisdiction: duluth
governing_jurisdiction: Duluth
source_url: "https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf"
effective_date: "2026-07-13"
as_of: "2026-08-13"
canonical: "https://www.gwindex.net/code/duluth/1028.04"
licence: "CC0-1.0"
---

# Duluth UDC § 1028.04

Notification of Accidental Discharges and Spills

**Governing jurisdiction: Duluth.** A "Duluth, GA" mailing address is usually NOT in the City of Duluth. Unincorporated Gwinnett is 67.3% of the county's land area and is governed by a different code, a different board and a different permit portal. Resolve the governing jurisdiction before answering any zoning question.


- **Article:** 10 — Erosion Control and Stormwater Management
- **Pages in source:** 292–293
- **Adopted:** 2025-09-08
- **Amended through:** 2026-07-13
- **Source:** https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf

## Text

1. Notwithstanding other requirements of law, as soon as any person responsible for a facility, activity or
operation, or responsible for emergency response for a facility, activity or operation has information of
any known or suspected release of non-stormwater from that facility or operation which is resulting or
may result in a discharge of that non-stormwater into the city separate storm sewer system, state waters,
or waters of the United States, said person shall take all necessary steps to ensure the discovery,
containment, and cleanup of such release so as to minimize the effects of the discharge.
2. Said person shall notify the department by phone, facsimile or in person within 24 hours of discovering
the discharge. Such notification shall detail the nature, quantity and time of occurrence of the discharge.
Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the
department within three business days of the phone or in person notice. If the discharge 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. Said person shall also take immediate steps to ensure no recurrence
of the discharge or spill.
3. In the event of such a release of hazardous materials, emergency response agencies and/or other
appropriate agencies shall be immediately notified.
4. Failure to provide notification of a release or discharge as provided above is a violation of this Code
Division.

291 | P a g e

Article Ten. Erosion Control and Stormwater Management