(A) If the permittee knows in advance of the need to discharge of a hazardous waste, the permittee shall submit prior written notice, at least ten days before the date of the discharge of a hazardous waste, to NTMWD and the city. If the permittee does not know in advance of the discharge of a hazardous waste, the permittee shall immediately notify NTMWD and the city and submit a written notice to NTMWD within five days of the discharge. The notification shall identify the hazardous waste discharged and the amount of the hazardous waste discharged.
(B) In addition to the reporting requirements set out in division (A) above, industrial users shall notify the environmental officer, 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). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes; an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month; and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. Industrial users shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste commences. Any notification under this division need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 C.F.R. § 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 C.F.R. § 403.12(b), (d) and (e).
(C) Dischargers are exempt from the requirements of division (B) above during a calendar month in which they discharge no 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(e). Discharge of more than 15 kilograms of non-acute 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 industrial user discharges more than such quantities of any hazardous waste do not require additional information.
(D) In the case of any new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the environmental officer, the EPA Regional Waste Management Division Director and the state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(E) In the case of any notification made under this section, the industrial user shall certify that is has a program in place to reduce the volume and toxicity of hazardous wastes generated to the extent determined to be economically practical.
(F) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, an industrial user wastewater discharge permit issued thereunder, or any applicable state or Federal law.
(Ord. 160726-A, passed 7-26-2016)