§ 19-78. Discharge of hazardous waste.

(a)

Any User who commences the discharge of hazardous waste shall notify the POTW, 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 CFR Part 261. Such 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). If the User discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and 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 twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge 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 Section 19-75 of this article. The notification requirement in this subsection does not apply to pollutants already reported by Users subject to categorical Pretreatment Standards under the self-monitoring requirements.

(b)

Dischargers are exempt from the requirements of subsection (a), above, 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 non-acute hazardous wastes in a calendar month, or any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. 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 RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the User must notify the Administrator, the EPA Regional Waste Management Waste Division Director, and State hazardous waste authorities of the discharge of such newly listed substance within ninety (90) days of the effective date of such regulations.

(d)

In the case of any notification made under this Section, the User shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated with a specific description of the means and methods by which the program accomplishes such reductions.

(e)

This Section does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued hereunder, or any applicable Federal or State Law.

(Ord. No. 97-15, § 6(6.8), 9-15-97; Ord. No. 02-28, § 1, 11-19-2002; Ord. No. 12-16, § II(Exh. A), 7-3-2012)