§ 52.15 DETERMINATION OF REPORTABLE QUANTITIES AND FILING REQUIREMENTS.

   (A)   Hazardous substances. Substances designated under the federal Superfund Act (CERCLA) and those extremely hazardous substances designated under SARA Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986 shall have the reportable quantities listed in the respective laws and regulations. Also reportable as a hazardous substance is any quantity of nerve and blister agents designated under KRS 224.50 - 130 (1)d.

   (B)   Pollutants or contaminants. A release or threatened release of any element, substance, compound, mixture or other material into the environment in a quantity that may present an imminent or substantial danger to the public health or welfare or the environment shall be deemed to have been released in a reportable quantity . The Kentucky Natural Resources and Environmental Protection Cabinet does have the authority to define reportable quantities of pollutants or contaminants.

   (C)   Petroleum or petroleum products. Any release including a fuel, oil , or lubricant in excess of 25 gallons shall be deemed to be a release in a reportable quantity as designated by KRS 224.01 - 400. The reportable quantity for fuel oil number 2 (diesel fuel) is 75 gallons as designated by KRS 224.01 - 400. However, any release of a fuel, oil , or lubricant into the navigable waters of the United States and any other surface water, ground water, or drinking water supply which causes a visible sheen or otherwise violates any other provisions of Section 311 of the Federal Clean Water Act or KRS 224.01 - 400, shall be deemed to be a release in a reportable quantity .

   (D)   Release to sanitary or storm sewer system. Notwithstanding any other provision of this section, any release of a hazardous material to a sanitary sewer system which is prohibited under the pretreatment or other regulations of the Sanitation District No. 1 of Campbell and Kenton Counties, or it's successor agency, governing discharges to the sanitary sewer system shall be deemed to be discharged in reportable quantity .

   (E)   Component hazardous material  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 it's reportable quantity .

   (F)   All persons subject to this chapter shall no later than March 1 each year file with the administering agency a MSDS or a listing of chemicals as required under EPCRA Sections 311 and 312 and a Tier 2 Report.

(Ord. O-17-95, passed 11-1-95; Am. Ord. O-04-2003, passed 4-9-03; Am. Ord. O-08-16, passed 8-18-16)