(A) Listed hazardous materials. The quantity in the column "RQ" for each hazardous material in the most recent version of 40 CFR 302.4 is the reportable quantity for that material. However, "Reportable Quantities" may be adjusted higher or lower as provided by subsection (F), herein.
(B) Unlisted hazardous materials. Unlisted hazardous wastes designated as hazardous materials have the reportable quantity of 100 pounds, except for those unlisted hazardous wastes exhibiting the characteristics of toxicity identified in 40 CFR 261.24. Unlisted hazardous wastes which exhibit toxicity have the reportable quantities listed in the most recent version of 40 CFR 302.4 for the contaminant on which the characteristic of toxicity is based. If an unlisted hazardous waste exhibits toxicity on the basis of more than one contaminant, the reportable quantity for that waste shall be the lowest of the reportable quantities listed in Appendix A for those contaminants. If an unlisted hazardous waste exhibits the characteristic of toxicity, and either characteristics ignitability or corrosivity or reactivity, 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 shoreline is any quantity which violates applicable water quality 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 U.S. and adjoining shorelines is 56 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 reportable quantity; this provision shall not be applicable to oil accumulated in a vessel's bilges.
(D) Release of hazardous materials to sanitary sewer system. Notwithstanding any other provision of this section, any release of a hazardous material to a sanitary sewer system, storm sewer system, or blue line stream, or tributary to blue line stream, which is prohibited under applicable pretreatment or other regulations governing such discharges shall be deemed to be discharged in a reportable quantity.
(E) Component hazardous materials release.
(1) A release of a mixture or solution, in which only one component is a hazardous material, shall be considered to be a release of a reportable quantity only where the hazardous material component of the mixture or solution is released in a quantity equal to or greater than its reportable quantity.
(2) A release of a mixture or solution of two or more hazardous materials share the same characteristics of ignitability or corrosivity or reactivity and toxicity shall be considered a release of a reportable quantity of a hazardous material if the total quantity of hazardous materials in the mixture or solution equals or is greater than the reportable quantity of any one of the hazardous materials in the mixture or solution. The quantity of non-hazardous materials shall not be included for purposes of reporting.
(F) Adjustments to reportable quantity list. The Appeals and Overseer Board established under § 95.13, upon recommendation of a local regulatory agency, or upon request for review by a regulated hazardous materials user, may adjust upward or downward the reportable quantity on the most current applicable list.
(G) SARA "RQ" list. A substance designated an extremely hazardous substance pursuant to Section 302(a) of the SARA of 1986 shall have the reportable quantity as set by the act under Section 304(a)(2).
(1994 Jeff. Code, § 95.04) (Jeff. Ord. 17-1993, adopted and effective 7-7-1993) (1999 Lou. Code, § 99.10) (Lou. Ord. No. 188-1985, approved 8-26-1985; Lou. Am. Ord. No. 17-1988, approved 2-12-1988; Lou. Am. Ord. No. 163-1988, approved 6-20-1988; Lou. Ord. No. 86-1993, approved 5-13-1993; Lou. Am. Ord. No. 247-1994, approved 12-14-1994; Lou. Metro Am. Ord. No. 121-2007, approved 7-2-2007)