(A) (1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and the state’s hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number and the type of discharge (continuous, batch or other).
(2) If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user:
(a) An identification of the hazardous constituents contained in the wastes;
(b) An estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month; and
(c) An estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.
(3) All notifications must take place not later than 180 days after the discharge commences. Any notification under this division (A) need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 54.099 of this chapter. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 54.095, 54.097 and 54.098 of this chapter.
(B) Dischargers are exempt from the requirements of division (A) above during a calendar month in which they discharge not more than 15 kilograms of hazardous wastes unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(c). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(C) In the case of any new regulations under RCRA § 3001 identifying additional characteristics of a hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Division Director and the state’s hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(D) In the case of any notification made under this section, the user shall certify that the user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree the user has determined to be economically practical.
(E) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued thereunder or any applicable federal or state law.
(Ord. 7-2010, passed 11-22-2010)