(A) (1) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director and state 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 no later than 180 days after the discharge commences. Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under § 35.119.
(B) In the case of any new regulations under § 3001 of RCRA, being 42 U.S.C. §§ 6921 et seq., identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the Superintendent, the EPA Regional Waste Management Waste Division Director and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(C) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(D) 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. Nothing contained in this section of the chapter is intended to modify the prohibitions set forth in § 35.030.
(Ord. 2022-02, passed 3-31-2022)