§ 51.119 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.
   (A)   Any user who commences the discharge of hazardous waste must notify the control authority, the EPA Regional Waste Management Division Director, state hazardous waste authorities and the Governor's Office of Emergency Services in writing, of any discharge into the wastewater treatment plant of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.
      (1)   The notification must include the name of the hazardous waste as set forth in 40 CFR 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 the hazardous waste per calendar month to the wastewater treatment plant, the notification must also contain the following information to the extent the information is known or readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months.
      (3)   All notifications must be provided not later than 180 days after the discharge commences.
      (4)   Any notification under this section need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under this chapter.
      (5)   The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of this chapter.
   (B)   Discharges are exempt from the requirements of division (A) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, is discharged unless the wastes are acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e).
      (1)   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 CFR §§ 261.30(d) and 261.33(e), requires a one-time notification.
      (2)   Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
   (C)   In the case of any new regulations under Section 3001 of the Resource Conservation and Recovery Act identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the control authority, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of the substance within 90 days of the effective date of the regulations.
   (D)   In the case of any notification made under this section, the user must certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it is feasible.
   (E)   This reporting 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.
(Ord. 1093, passed 2-17-04)