(A) Any user who commences the discharge of hazardous waste shall notify in writing: the city, the EPA region 10 office of air, waste, and toxics director, and the Idaho department of health and welfare, division of environmental quality remediation section, of any discharge into the city's sewage collection system of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261.
Such notification shall include:
1. The name of the hazardous waste as set forth in 40 CFR part 261;
2. The EPA hazardous waste number; and
3. The type of discharge (continuous, batch, or other).
4. If an industrial user discharges more than one hundred (100) kilograms of such waste per calendar month to the sewer system, the notification shall also contain the following information to the extent it is known or readily available to the industrial 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(s) discharged during that calendar month; and
(c) An estimation of the mass of constituents in the waste stream(s) expected to be discharged during the following twelve (12) months.
All notifications must take place no later than one hundred eighty (180) days after the discharge(s) commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under this chapter.
The notification requirements of this section do not apply to pollutants already reported by industrial users under self-monitoring requirements of this chapter.
(B) Dischargers are exempt from the requirements of subsection (A) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute 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 onetime notification. Subsequent months during which an industrial 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 RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, an industrial user shall notify the city, the EPA region 10 office of air, waste, and toxics director, and the Idaho department of health and welfare, division of environmental quality remediation section, of the discharge of such substance within ninety (90) days of the effective date of such regulations.
(D) In the case of any notification made under this section, an industrial 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.
(E) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this chapter, a permit issued hereunder, or any applicable federal or state law. (Ord. 2020-018, 10-19-2020)