Clean Water Act Reporting Requirements for RCRA Hazardous Waste Discharges

EPA’s Clean Water Act (CWA) Pretreatment Program regulations require that Industrial Users (IUs) report any substance discharged to the Publicly Owned Treatment Works (POTW) which, if otherwise disposed of, would be considered a Resource Conservation and Recovery Act (RCRA) hazardous waste. Under RCRA’s Domestic Sewage Exclusion (DSE), any mixture of domestic sewage and other wastes that passes through a sewer system to a POTW is not considered a hazardous waste for the purposes of RCRA. For this reason, reporting of these discharges are regulated under the CWA as follows:

• 40 CFR 403.12(p) requires a one-time report for each substance discharged to a POTW that, if otherwise disposed of, would be considered RCRA hazardous waste.
• 40 CFR 403.12(j)requires a report in advance of any substantial change in volume or character of any IU discharge.

Who Must Notify:

All Industrial Users that discharge a substance that, if otherwise disposed of, would be characteristic or listed wastes under 40 CFR Part 261 and meet the following criteria:

• Total waste discharged is greater than or equal to 15 kg/month; or
• Waste discharged is acute hazardous waste.

Notification Must be Sent To:

1. Local Sewerage Authority (i.e., POTW)
2. EPA Regional Waste Management Director
3. State Hazardous Waste Authority

See the Pretreatment Program Factsheet on Hazardous Waste Reporting Requirements for Industrial Users under 40 CFR 403.12(p)&(j)for more information.