§ 5-6-169. Notification of the discharge of hazardous waste.

(a)

Any user who discharges hazardous waste shall notify the authority, the Environmental Protection Agency Regional Waste Management Division Director, and all Virginia Hazardous Waste Authorities, in writing, of any discharge into the collection system or the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the Environmental Protection Agency hazardous waste number, and the type of discharge (continuous, batch or other).

(b)

If the user discharges more than 100 kilograms of such waste per calendar month to the collection system or the POTW, the notification shall contain, to the extent such information is known and readily available to the user, an identification of hazardous constituents in the waste stream discharged during that calendar month, and an estimate of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notification must take place no later than 180 days after the discharge commences. Any notification under this subsection must be submitted once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under section 5-6-166. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of sections 5-6-161 through 5-6-163.

(c)

Dischargers are exempt from the requirements of subsection (a) during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. 261.3(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute wastes, as specified in 40 C.F.R. 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than 15 kilograms of the same non-acute wastes do not require additional notification.

(d)

In the event that new regulations are promulgated under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user shall notify the engineer, the EPA Regional Waste Management Waste Division Director and the Virginia Hazardous Waste Authorities of the discharge of such substance within 90 days of the effective date of the regulations.

(e)

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 to the degree it has determined to be economically practical.

(f)

This section does not create a right to discharge any substance not otherwise permitted to be discharged under a permit issued under this division or pursuant to applicable federal, state or local law. (Ord. No. 4501, 10/13/07, Sec. 1)