36. An auxiliary wastewater treatment plant, which is not a RCRA Subtitle C facility, has taken on the SIC code of a covered facility because it primarily services a covered facility. Does the facility where the treatment plant is located have to report even if the rest of the establishments at that facility are not in the covered SIC codes?
A facility must report only if it meets the employee, SIC code and activity criteria. As long as the SIC code for the wastewater treatment plant is not the primary SIC code for the facility, the SIC code criterion is not met. Therefore, the facility as a whole need not report. The covered facility producing the listed toxic chemical in the waste must report the off-site transfer to the facility containing the wastewater treatment plant.