(A) Listed hazardous materials. The quantity appearing in column “RQ” for each hazardous material listed by Appendix A, “List of Hazardous Materials and Reportable Quantities,” 40 CFR 302, as amended, published by the U.S. Environmental Protection Agency (EPA) shall be the reportable quantity for that material, or as required by the State Emergency Response Commission or the Northern Kentucky Emergency Planning Committee.
(B) Unlisted hazardous materials. Unlisted hazardous wastes designated as hazardous materials have the reportable quantity of 10 pounds, except for those unlisted hazardous wastes exhibiting the characteristics of EP toxicity identified in 40 CFR 261.24. Unlisted hazardous wastes which exhibit EP toxicity have the reportable quantities listed in Appendix A to 40 CFR 302, as amended, for the contaminant on which the characteristics of EP toxicity is based. If an unlisted hazardous waste exhibits EP toxicity on the basis of more than one contaminant, the reportable quantity for that waste shall be the lowest of the reportable quantities listed by Appendix A to 40 CFR 302, as amended, for those contaminants. If an unlisted hazardous waste exhibits the characteristics of EP toxicity and one or more of the other characteristics, the reportable quantity shall be the lowest of the applicable reportable quantities.
(C) Oil.
(1) The reportable quantity for releases of oil to waters of the United States or adjoining shorelines is any quantity which violates applicable water quantity standards or causes a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
(2) The reportable quantity for releases of oil to the environment other than releases to waters of the United States and adjoining shorelines is 10 gallons.
(3) Notwithstanding any other provision of this section, a release of oil from a properly functioning vessel engine shall not be deemed to be in a reportable quantity; however, this provision shall not be applicable to oil accumulated in a vessel's bilges.
(D) Higher reportable quantity. Notwithstanding any other provision of this section, the administering agency, after review of the “Boone County Hazardous Materials Use and Spill Prevention Control Plan” (HMPC) required to be submitted pursuant to the further provisions of this chapter, may designate a reportable quantity for a hazardous material in excess of the quantity determined under this section if the administering agency determines that the higher reportable quantity is consistent with the purposes and objectives of this chapter.
(E) Releases to sanitary sewer system. Notwithstanding any other provision of this section, any release of a hazardous material to a sanitary sewer system which is prohibited under applicable pretreatment or other regulations of any sanitation district operating within the county governing discharges to the sanitary sewer system shall be deemed to be discharged in reportable quantities.
(F) Component hazardous materials release. A release of a mixture or solution of which a hazardous material is a component shall be considered to be a release in a reportable quantity only where the component hazardous material of the mixture or solution is released in a quantity equal to or greater than its reportable quantity.
(Ord. 340.8, passed 8-29-95)