HAR 11-264 — HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES (Subchapter A to FF)

During the partial and final closure periods, all contaminated equipment, structures and soils must be properly disposed of or decontaminated unless otherwise specified in sections 11-264-197, 11-264-228, 11-264-258, 11-264-280 or 11-264-310. By removing any hazardous wastes or h…

Within sixty days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment, and landfill unit, and within sixty days of the completion of final closure, the owner or operator must submit to the director, by registered mail, a certification …

No later than the submission of the certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the County and local zoning authority, or the authority with jurisdiction over local land use, and to the director, a survey plat indicating th…

(a) (1) Post-closure care for each hazardous waste management unit subject to the requirements of sections 11-264-117 through 11-264-120 must begin after completion of closure of the unit and continue for thirty years after that date and must consist of at least the following: (i…

(a) Written Plan. The owner or operator of a hazardous waste disposal unit must have a written post-closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final…

(a) No later than sixty days after certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the county zoning authority, or the authority with jurisdiction over local land use, and to the director a record of the type, location, and qua…

(a) (1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source must notify the director and the Regional Administrator in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of …

No later than sixty days after completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator must submit to the director, by registered mail, a certification that the post-closure care period for the hazardous waste disposal …

The requirements of this subchapter apply to owners or operators who store munitions and explosive hazardous wastes, except as section 11-264-1 provides otherwise. (NOTE: Depending on explosive hazards, hazardous waste munitions and explosives may also be managed in other types o…

(a) Hazardous waste munitions and explosives storage units must be designed and operated with containment systems, controls, and monitoring, that: (1) Minimize the potential for detonation or other means of release of hazardous waste, hazardous constituents, hazardous decompositi…

(a) At closure of a magazine or unit which stored hazardous waste under this subchapter, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoils, and structures and equipment contaminated with waste,…

(a) Waste analysis. (1) Before an owner or operator treats, stores, or disposes of any hazardous wastes, or non-hazardous wastes if applicable under subsection 11-264-113(d), he must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a m…

Appendices I, IV, V, and IX to 40 CFR Part 264, revised as of May 25, 1998, and Appendix X, are made a part of this chapter. These Appendices are entitled: Appendix I - Recordkeeping Instructions Appendix IV - Cochran's Approximation to the Behrens-Fisher Students' T-Test Appendi…

(a) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of his facility, unless he can demonstrate to the director that: (1) Physical contact with the waste, structures, o…

(a) The requirements of sections 11-264-142, 11-264-143, and 11-264-147 through 11-264-151 apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this section or in section 11-264-1. (b) The requirement of section 11-264-144 and 11-264-14…

(a) ''Closure plan'' means the plan for closure prepared in accordance with the requirements of section 11-264-112. (b) "Current closure cost estimate'' means the most recent of the estimates prepared in accordance with subsections 11-264-142(a), (b), and (c). (c) "Current post-c…

(a) The owner or operator must have a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in sections 11-264-111 through 11-264-115 and applicable closure requirements in sections 11-264-178, 11-264-197, 11-264-22…

An owner or operator of each facility must establish financial assurance for closure of the facility. He must choose from the options as specified in subsections (a) through (f). (a) Closure trust fund. (1) An owner or operator may satisfy the requirements of this section by esta…

(a) The owner or operator of a disposal surface impoundment, disposal miscellaneous unit, land treatment unit, or landfill unit, or of a surface impoundment or waste pile required under sections 11-264-228 and 11-264-258 to prepare a contingent closure and post-closure plan, must…

The owner or operator of a hazardous waste management unit subject to the requirements of section 11-264-144 must establish financial assurance for post-closure care in accordance with the approved post-closure plan for the facility sixty days prior to the initial receipt of haza…

An owner or operator may satisfy the requirements for financial assurance for both closure and post-closure care for one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate guarantee that meets the specifications for th…

(a) Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste treatment, storage, or disposal facility, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden acc…

(a) An owner or operator must notify the director by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator as debtor, within 10 days after commencement of the proceeding. A guarantor of a c…

Notes Haw. Code R. § 11-264-149

(a) The owner or operator must inspect his facility for malfunctions and deterioration, operator errors, and discharges which may be causing --- or may lead to --- (1) release of hazardous waste constituents to the environment or (2) a threat to human health. The owner or operato…

Notes Haw. Code R. § 11-264-150

(a) Trust agreement. (1) A trust agreement for a trust fund, as specified in subsection 11-264-143(a) or subsection 11-264-145(a) or subsection 11-265-143(a) or subsection 11-265-145(a), must be worded as follows, except that instructions in brackets are to be replaced with the r…

(a) (1) Facility personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator must ensure that …

(a) The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to: open flames, smoking, cutting and welding, hot …

The rules in this subchapter apply to owners and operators of all hazardous waste facilities that store containers of hazardous waste, except as section 11-264-1 provides otherwise Notes Haw. Code R. § 11-264-170 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35…

If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator must transfer the hazardous waste from this container to a container that is in good condition or manage the waste in…

The owner or operator must use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to stored, so that the ability of the container to contain the waste is not impaired. Notes Haw. Code R. § 11-264-172 [Eff …

(a) A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste. (b) A container holding hazardous waste must not be opened, handled, or stored in manner which may rupture the container or cause it to leak. Notes Ha…

At least weekly, the owner or operator must inspect areas where containers are stored, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors. Notes Haw. Code R. § 11-264-174 [Eff 6/18/94; comp] (Auth: HR…

(a) Container storage areas must have a containment system is designed and operated in accordance with subsection (b), except as otherwise provided by subsection (c). (b) A containment system must be designed and operated as follows: (1) A base must underly the containers which i…

Containers holding ignitable or reactive waste must be located at least fifteen meters (fifty feet) from the facility's property line. Notes Haw. Code R. § 11-264-176 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.176)

(a) Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples), must not be placed in the same container, unless subsection 11-264-17(b) is complied with. (b) Hazardous waste must not be placed in an unwashed container that previously held an incompat…

At closure, all hazardous waste and hazardous waste residues must be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or removed. Notes Haw. Code R…

The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of subchapters AA, BB, and CC. Notes Haw. Code R. § 11-264-179 [Eff 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.179…

(a) Seismic considerations: (1) Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted must not be located within 61 meters (200 feet) of a fault which has had displacement in Holocene time. (2) As used in paragraph (a)(1): (i) "Faul…

(a) CQA program. (1) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile, and landfill units that are required to comply with subsections 11-264-221(c), 11-264-221(d), 11-264-251(c), 11-264-251(d), 11-264-301(c) and 11-264-301(d). Th…

The requirements of this subchapter apply to owners and operators of facilities that use tank systems for storing or treating hazardous waste except as otherwise provided in subsections (a), (b) and (c) or in section 11-264-1. (a) Tank systems that are used to store or treat haza…

(a) For each existing tank system that does not have secondary containment meeting the requirements of section 11-264-193, the owner or operator must determine that the tank system is not leaking or is unfit for use. Except as provided in subsection (c), the owner or operator mus…

(a) Owners or operators of new tank systems or components must obtain and submit to the director, at time of submittal of Part B information, a written assessment, reviewed and certified by an independent, qualified registered professional engineer, in accordance with subsection …

(a) In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section must be provided (except as provided in subsections (f) and (g)): (1) For all new tank systems or components, pri…

(a) Hazardous wastes or treatment reagents must not be placed in a tank system if they could cause the tank, its ancillary equipment, or the containment system to rupture, leak, corrode, or otherwise fail. (b) The owner or operator must use appropriate controls and practices to p…

(a) The owner or operator must develop and follow a schedule and procedure for inspecting overfill controls. (b) The owner or operator must inspect at least once each operating day: (1) Aboveground portions of the tank system, if any, to detect corrosion or releases of waste; (2)…

A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the owner or operator must satisfy the following requirements: (a) Cessation of use; prevent flow or addition of waste…

(a) At closure of a tank system, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless …

(a) Ignitable or reactive waste must not be placed in tank systems, unless: (1) The waste is treated, rendered, or mixed before or immediately after placement in the tank system so that: (i) The resulting waste, mixture, or dissolved material no longer meets the definition of ign…