Hawaii Administrative Code

Notes Haw. Code R. § 11-264-1066 - 11-264-1079

(a) The requirements of this subchapter apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers subject to either subchapter I, J, or K except as section 11-264-1 and subsection (b) provide oth…

As used in this subchapter, all terms shall have the meaning given to them in section 11-265-1081, chapter 342J, HRS, and chapters 11-260 through 11-266. Notes Haw. Code R. § 11-264-1081 [Eff 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.108…

(a) This section applies to the management of hazardous waste in tanks, surface impoundments, and containers subject to this subchapter. (b) The owner or operator shall control air pollutant emissions from each hazardous waste management unit in accordance with standards specifie…

(a) Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination. (1) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste plac…

(a) The provisions of this section apply to the control of air pollutant emissions from tanks for which section 11-264-1082(b) references the use of this section for such air emission control. (b) The owner or operator shall control air pollutant emissions from each tank subject …

(a) The provisions of this section apply to the control of air pollutant emissions from surface impoundments for which section 11-264-1082(b) references the use of this section for such air emission control. (b) The owner or operator shall control air pollutant emissions from the…

(a) The provisions of this section apply to the control of air pollutant emissions from containers for which section 11-264-1082(b) references the use of this section for such air emission control. (b) General requirements. (1) The owner or operator shall control air pollutant em…

(a) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions in accordance with standards of this subchapter. (b) The closed-vent system shall meet the following requirements: (1) The closed-vent s…

(a) The owner or operator shall inspect and monitor air emission control equipment used to comply with this subchapter in accordance with the applicable requirements specified in sections 11-264-1084 through 11-264-1087. (b) The owner or operator shall develop and implement a wri…

(a) Each owner or operator of a facility subject to requirements of this subchapter shall record and maintain the information specified in subsections (b) through (j), as applicable to the facility. Except for air emission control equipment design documentation and information re…

(a) Each owner or operator managing hazardous waste in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of section 11-264-1082(c) shall report to the director each occurrence when hazardous waste is placed in the waste manag…

Notes Haw. Code R. § 11-264-1091

Every facility owner or operator must apply to the State for an EPA identification number in accordance with State notification procedures. Notes Haw. Code R. § 11-264-11 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.11)

Except as section 11-264-1 provides otherwise: (a) Sections 11-264-111 through 11-264-115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and (b) Sections 11-264-116 through 11-264-120 (which concern post-closure care) apply…

The requirements of this subchapter apply to owners or operators who store or treat hazardous waste in units designed and operated under section 11-264-1101. The owner or operator is not subject to the definition of land disposal in chapter 11-260 provided that the unit: (a) Is a…

(a) All containment buildings must comply with the following design standards: (1) The containment building must be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on), and to assure containment of managed w…

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

Notes Haw. Code R. § 11-264-1103 - 11-264-1110

The owner or operator must close the facility in a manner that: (a) Minimizes the need for further maintenance; and (b) Controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous consti…

(a) Written plan. (1) The owner or operator of a hazardous waste management facility must have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or f…

(a) Within ninety days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e), at a hazardous waste management unit or facility, the owner or o…

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…