14.10.380 Notification of the Discharge of Hazardous Waste.
A. Any User who discharges any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, or Chapter 173-303 WAC must also comply with the following requirements:
1. Notify the Director, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of the discharge. Maintain a copy of this notification and include it in all subsequent permit applications or re-applications under this Ordinance.
2. Include the following information in the notification:
a. The name of the hazardous waste as found in 40 CFR Part 261;
b. The EPA hazardous waste number; and
c. The type of discharge (continuous, batch, or other).
3. If the discharge totals more than two hundred twenty (220) pounds of hazardous waste in any month, also provide:
a. The hazardous constituents contained in the wastes;
b. An estimate of the mass and concentration of hazardous constituents in the wastestream discharged during that calendar month; and
c. An estimate of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months.
4. This notice shall be repeated for new or increased discharges of substances subject to this reporting requirement.
5. All notifications must take place prior to discharging a substance for which these reporting requirements apply. If this is not possible, the notice must be provide as soon after discharge as practical and describe why prior notice was not possible.
6. Users must provide notifications under this paragraph only once to EPA and the State for each hazardous waste discharged. However, all of the information of these notices shall be repeated in each new permit application submitted under this Ordinance.
7. This requirement does not relieve the User from requirements to provide other notifications, such as of changed conditions under Section 14.10.340 of this Ordinance, or applicable permit conditions, permit application requirements, and prohibitions.
8. Pollutants that are reported under the reporting requirements for Categorical Industrial Users in baseline monitoring, final and periodic compliance reports are not subject to the notification requirements in this Section.
B. Users must report all discharges of more than thirty-three (33) pounds per month of substances which, if otherwise disposed of, would be hazardous wastes. Users must also report any discharge of acutely hazardous wastes as specified in 40 CFR Parts 261.30(d) and 261.33(e). Subsequent months during which the User discharges more of a hazardous waste for which notice has already been provided do not require another notification to EPA or the State, but must be reported to the Director.
C. If new regulations under RCRA describe additional hazardous characteristics or substances as a hazardous waste, the User must provide notifications under paragraphs A, if required by paragraph B within ninety (90) days of the effective date of such regulations.
D. For 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 to the degree it has determined to be economically practical and shall describe that program and reductions obtained through its implementation.
E. This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this Ordinance, a permit issued thereunder, or any applicable Federal or State law. (Ord. M-3970 §2, 2010)