§ 262a.43. Additional reporting.
In addition to the requirements incorporated by reference:
(1) Spills and discharges which are in amounts less than the reportable quantities, which do not result in discharges into waters of this Commonwealth, and which are managed according to an approved contingency plan, need not be reported.
(2) The reportable quantities are:
(i) Liquid hazardous waste or liquids that become hazardous waste when spilled or discharged shall be reported to the Department when the quantity spilled or discharged equals or exceeds the reportable quantity for the waste contained in 40 CFR 302.4 (relating to designation of hazardous substances) or 10 gallons, whichever is more stringent. Liquids are flowable substances which contain less than 20% solids by dry weight. Flowable refers to flow in the sense of pourable as a liquid.
(ii) Solid hazardous waste or solids that become hazardous wastes when spilled or discharged shall be reported to the Department when the quantity spilled or discharged equals or exceeds the reportable quantity for the waste contained in 40 CFR 302.4 or 500 pounds, whichever is more stringent.
(3) A discharge or spill into waters of this Commonwealth shall be reported regardless of quantity spilled or discharged.
(4) In the event of a discharge or spill equal to or greater than the reportable quantity of hazardous waste or material that becomes a hazardous waste when spilled or discharged, the generator shall take appropriate immediate action to protect the health and safety of the public and the environment and immediately notify the Department by telephone at (800) 541-2050 with the following information:
(i) The name of the person reporting the spill.
(ii) The name and identification number of the generator.
(iii) The phone number where the person reporting the spill can be reached.
(iv) The date, time and location of the spill.
(v) A brief description of the incident.
(vi) For each material involved in the spill:
(A) The shipping name, hazard class and U.N. Number.
(B) The estimated quantity of material spilled.
(vii) The extent of contamination of land, water or air, if known.
(5) If a discharge or spill of hazardous waste, or hazardous material that becomes a hazardous waste when spilled or discharged, occurs during onsite unloading, loading, storage or plan operation, and a Departmental official acting within the scope of his official responsibilities determines that immediate removal of the material is necessary to protect the health and safety of the public and the environment, that official may authorize in writing the removal of the material by transporters who do not have identification numbers or license and without the preparation of a manifest.
(6) A generator shall clean up a spill or discharge of hazardous waste, or material that becomes a hazardous waste when spilled or discharged, that occurs during onsite unloading, loading, storage or plan operation, and take actions that may be required or approved by the Department so that the discharge or spill no longer presents a hazard to the health and safety of the public or environment.
(7) In addition, the generator shall file a written report on a spill or discharge of a reportable hazardous waste or material that becomes a hazardous waste when spilled or discharged, with the Department within 15 days after the incident, and supply the Department with other information it may require or request that pertains to the discharge. The report on the spill or discharge shall be entitled “Hazardous Waste Spill Report” and shall contain the following information:
(i) The name, address and identification number of the generator and the date, time and location of the incident.
(ii) A brief description of the circumstances causing the incident.
(iii) A description of each of the hazardous wastes or materials that become hazardous wastes when spilled or discharged involved in the incident, including the estimated quantity spilled by weight or volume.
(iv) A legible copy of the manifest document, if applicable.
(v) A description of a contamination of land, water or air that has occurred due to the incident.
(vi) A description of the actions the generator intends to take to prevent a similar occurrence in the future.
Source The provisions of this § 262a.43 adopted December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102.
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