§ 26.50.120. Notice of intent to commence new or significantly altered discharge.  


Latest version.
  • A.

    The following users shall file a written notice of intent with the utility at least 90 days before commencing discharge into the municipal sewerage system:

    1.

    Users purchasing an existing facility from which a discharge of a non-domestic pollutant into the municipal sewerage system is proposed.

    2.

    Users constructing a new facility from which a discharge of a non-domestic pollutant into the municipal sewerage system is proposed.

    3.

    Users proposing to discharge a non-domestic pollutant into the municipal sewerage system from a facility which currently does not discharge a non-domestic pollutant.

    4.

    Users proposing to discharge a non-domestic pollutant into the municipal sewerage system from a categorical industry or process.

    5.

    Users planning to alter or change the activity at the user's facility that will significantly increase or decrease the volume or alter the content of any existing source of non-domestic pollutant discharge into the municipal sewerage system. This does not include changes in volume or content resulting from shifts in existing production levels at the user's facility. For purposes of this subsection, a significant increase or decrease is defined as a 30 percent increase or decrease in the volume of wastewater currently being discharged by a user whose daily average volume of wastewater discharged into the municipal sewerage system is 100,000 gallons per day or less. For users whose daily average volume of wastewater discharged into the municipal sewerage system is greater than 100,000 gallons per day, a significant increase or decrease is defined as a ten percent increase or decrease in the volume of wastewater currently being discharged. An alteration is defined as any change in chemicals utilized within a process, which will significantly alter the characteristics of the wastewater discharge.

    B.

    Users identified under section A. shall submit the notice of intent in writing on a form provided by the utility and shall contain such information as required to allow the utility to evaluate the effect of the proposed discharge on its facilities and operations and to ensure compliance with this chapter.

    1.

    The notice of intent shall be signed by a principal executive officer of the user, or a designee.

    2.

    The user must receive written approval of the notice of intent from the utility before commencing or significantly altering its discharge.

    3.

    Based upon the utility's evaluation of the notice of intent, the user may be required to provide additional information, in accordance with section 26.50.210.

    4.

    The user may be issued a wastewater discharge permit or a permit modification, as appropriate, in accordance with section 26.50.240.

    C.

    Hazardous waste notification. Any industrial user discharging more than 15 kilograms of hazardous waste, as defined in 40 CFR 261 (listed or characteristic wastes), in a calendar month, or any facility discharging any amount of acutely hazardous wastes, as specified in 40 CFR 261.30(d) and 261.33(e), is required to provide a one time notification in writing to the utility and to EPA Region 10 Office of Air, Waste, and Toxics Director. Any user exempt from this notification shall comply with the requirements contained herein within 30 days of knowledge of a discharge of 15 kilograms of hazardous wastes in a calendar month, or any discharge of acutely hazardous waste to the utility sewerage system.

    1.

    Such notifications shall include:

    a.

    The name of the hazardous waste, as set forth in 40 CFR Part 261;

    b.

    The EPA hazardous waste number; and

    c.

    The type of discharge (continuous, batch, or other).

    d.

    If an industrial user discharges more than 100 kilograms of such waste per calendar month to the sewerage system, the notification shall also contain the following information, to the extent it is known or readily available to the industrial user:

    i.

    An identification of the hazardous constituents contained in the wastes;

    ii.

    An estimation of the mass and concentration of such constituents in the wastestreams discharged during that calendar month; and

    iii.

    An estimation of the mass of constituents in the wastestreams expected to be discharged during the following 12 months.

    2.

    These notification requirements do not apply to pollutants already reported under the self-monitoring requirements.

    3.

    When the EPA publishes final rules identifying additional hazardous wastes or new characteristics of hazardous waste, a user shall notify the utility of the discharge of such substances within 90 days of the effective date of such regulations.

    4.

    For any notification under this section, an industrial user shall certify the user has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree the user has determined to be economically practical.

    (AO No. 86-118, 9-4-86; AO No. 86-218; AO No. 2000-129(S), § 11, 11-21-00; AO No. 2012-77, § 10, 8-7-12)

    Note— Formerly § 26.50.028.