(A) Listed hazardous materials. The quantity in the column "RQ" for each hazardous material in Appendix A attached to Ord. G-87-193 and which is hereby adopted and incorporated by reference as if fully set forth herein is the reportable quantity for that material. The Appendix A list (40 C.F.R. part 302) will be automatically updated at such times as EPA publishes a new list. "Reportable quantities" may be adjusted higher or lower as provided by divisions (D) and (G) of this section.
(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 EP toxicity identified in 40 C.F.R. § 261.24. Unlisted hazardous wastes which exhibit EP toxicity have the reportable quantities listed in Appendix A attached to Ord. G-87-193 and which is hereby adopted and incorporated by reference as if fully set forth herein for the contaminant on which the characteristic of EP toxicity is based. If an unlisted hazardous waste exhibits EP 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 EP toxicity and one or more of the other characteristics the reportable quantity shall be the lowest of the applicable reportable quantity.
(C) Oil.
(1) The reportable quantity for releases of oil to waters of the United States or adjoining shorelines 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 United States 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 a reportable quantity; however, this provision shall not be applicable to oil accumulated in a vessel's bilges.
(D) Higher reportable quantity. Notwithstanding any other provision of this section, the administering agency, after review of the HMPC Plan submitted pursuant to § 95.07, may designate a reportable quantity for a hazardous material in excess of the quantity determined under this section if the administering agency determines that the higher reportable quantity is consistent with the purposes and objectives of this chapter.
(E) 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 which is prohibited under applicable pretreatment or other regulations governing discharges to the sanitary sewer system shall be deemed to be discharged in a reportable quantity.
(F) Component hazardous materials 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 its reportable quantity.
(G) Adjustments to reportable quantity list. The Appeals and Overseer's Board, 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.
(Ord. G-87-193, passed 7-6-1987)