Hawaii Administrative Code

At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including but not limited to ash, scrubber waters, and scrubber sludges) from the incinerator. Notes Haw. Code R. § 11-265-351 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-3…

(a) Owners or operators of incinerators subject to this subchapter may burn EPA Hazardous Wastes FO20, FO21, FO22, FO23, FO26, or FO27 if they receive a certification from the director that they can meet the performance standards of subchapter O of chapter 11-264 when they burn t…

(a) The owner or operator must attempt to make the following arrangements, as appropriate for the type of waste handled at his facility and the potential need for the services of these organizations: (1) Arrangements to familiarize police, fire departments, and emergency response…

The rules in this subchapter apply to owners or operators of facilities that thermally treat hazardous waste in devices other than enclosed devices using controlled flame combustion, except as section 11-265-1 provides otherwise. Thermal treatment in enclosed devices using contro…

Before adding hazardous waste, the owner or operator must bring his thermal treatment process to steady state (normal) conditions of operation -- including steady state operating temperature --using auxiliary fuel or other means, unless the process is a non-continuous (batch) the…

In addition to the waste analyses required by section 11-265-13, the owner or operator must sufficiently analyze any waste which he has not previously treated in his thermal process to enable him to establish steady state (normal) or other appropriate (for a non-continuous proces…

(a) The owner or operator must conduct, as a minimum, the following monitoring and inspections when thermally treating hazardous waste: (1) Existing instruments which relate to temperature and emission control (if an emission control device is present) must be monitored at least …

At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash) from the thermal treatment process or equipment. Notes Haw. Code R. § 11-265-381 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35…

Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate and bulk military propellants which cannot safely be disposed of through other modes of treatment. Deto…

(a) Owners or operators of thermal treatment devices subject to this subchapter may burn EPA Hazardous Wastes FO20, FO21, FO22, FO23, FO26, or FO27 if they receive a certification from the director that they can meet the performance standards of Subchapter O of chapter 11-264 whe…

Notwithstanding any other provisions of these rules, enforcement actions may be brought pursuant to HRS section 342J-8. Notes Haw. Code R. § 11-265-4 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 4 0 C.F.R. §265.4 )

The rules in this subchapter apply to owners and operators of facilities which treat hazardous wastes by chemical, physical, or biological methods in other than tanks, surface impoundments, and land treatment facilities, except as section 11-265-1 provides otherwise. Chemical, ph…

(a) Chemical, physical, or biological treatment of hazardous waste must comply with subsection 11-265-17(b). (b) Hazardous wastes or treatment reagents must not be placed in the treatment process or equipment if they could cause the treatment process or equipment to rupture, leak…

(a) In addition to the waste analysis required by section 11-265-13, whenever: (1) A hazardous waste which is substantially different from waste previously treated in a treatment process or equipment at the facility is to be treated in that process or equipment, or (2) A substant…

(a) The owner or operator of a treatment facility must inspect, where present: (1) Discharge control and safety equipment (e.g., waste feed cut-off systems, by-pass systems, drainage systems, and pressure relief systems) at least once each operating day, to ensure that it is in g…

At closure, all hazardous waste and hazardous waste residues must be removed from treatment processes or equipment, discharge control equipment, and discharge confinement structures. Notes Haw. Code R. § 11-265-404 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-…

(a) Ignitable or reactive waste must not be placed in a treatment process or equipment unless: (1) The waste is treated, rendered, or mixed before or immediately after placement in the treatment process or equipment so that (i) the resulting waste, mixture, or dissolution of mate…

(a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) must not be placed in the same treatment process or equipment, unless subsection 11-265-17(b) is complied with. (b) Hazardous waste must not be placed in unwashed treatment equipment whic…

Except as section 11-265-1 provides otherwise: (a) The owner or operator of a facility which disposes of hazardous waste by underground injection is excluded from the requirements of subchapters G and H. (b) The requirements of this subchapter apply to owners and operators of wel…

(a) The requirements of this subchapter apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before …

(a) For each existing drip pad as defined in section 11-265-440, the owner or operator must evaluate the drip pad and determine that it meets all of the requirements of this subchapter, except the requirements for liners and leak detection systems of subsection 11-265-443(b). No …

Owners and operators of new drip pads must ensure that the pads are designed, installed, and operated in accordance with one of the following: (a) All of the applicable requirements of section 11-265-443 (except paragraph 11-265-443(a) (4)), sections 11-265-444 and 11-265-445, or…

(a) Drip pads must: (1) Be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt; (2) Be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system…

(a) During construction or installation, liners and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners mus…

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

The rules in this subchapter apply to owners and operators of all hazardous waste facilities, except as section 11-265-1 provides otherwise. Notes Haw. Code R. § 11-265-50 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.50)

(a) Each owner or operator must have a contingency plan for his facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste const…

(a) The contingency plan must describe the actions facility personnel must take to comply with sections 11-265-51 and 11-265-56 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surf…

A copy of the contingency plan and all revisions to the plan must be: (a) Maintained at the facility; and (b) Submitted to all county police departments, fire departments, hospitals, and State and county emergency response teams that may be called upon to provide emergency servic…

The contingency plan must be reviewed, and immediately amended, if necessary, whenever: (a) Applicable regulations are revised; (b) The plan fails in an emergency; (c) The facility changes -- in its design, construction, operation, maintenance, or other circumstances -- in a way …

At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergenc…

(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately: (1) Activate internal facility alarms or communication systems, where applicable, to notify all facility person…

The rules in this subchapter apply to owners and operators of both on-site and off-site facilities, except as section 11-265-1 provides otherwise. Sections 11-265-71, 11-265-72, and 11-265-76 do not apply to owners and operators of on-site facilities that do not receive any hazar…

(a) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or his agent, must: (1) Sign and date each copy of the manifest to certify that the hazardous waste covered by the manifest was received; (2) Note any significant discrepancies in the man…

(a) Manifest discrepancies are differences between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives. Significant discrepancies in quantity are: (1) For bulk waste, variat…

(a) The owner or operator must keep a written operating record at his facility. (b) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility: (1) A description and the quantity of each hazardous wast…

(a) All records, including plans, required under this chapter must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of the department who is duly designated by the director. (b) The retention period …

The owner or operator must prepare and submit a single copy of a biennial report to the director by March 1 of each even numbered year. The biennial report must be submitted on EPA Form 8700-13B (see Appendix VI). The report must cover facility activities during the previous cale…

If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in paragraph 11-263-20(e)(2), and if the waste is not excluded from the manifest requirem…

In addition to submitting the biennial report and unmanifested waste reports described in sections 11-265-75 and 11-265-76, the owner or operator must also report to the director: (a) Releases, fires, and explosions as specified in subsection 11-265-56(j); (b) Ground-water contam…

(a) The owner or operator of a surface impoundment, landfill, or land treatment facility which is used to manage hazardous waste must implement a ground-water monitoring program capable of determining the facility's impact on the quality of ground water in the uppermost aquifer u…

(a) A ground-water monitoring system must be capable of yielding ground-water samples for analysis and must consist of: (1) Monitoring wells (at least one) installed hydraulically upgradient (i.e., in the direction of increasing static head) from the limit of the waste management…

(a) The owner or operator must obtain and analyze samples from the installed ground-water monitoring system. The owner or operator must develop and follow a ground-water sampling and analysis plan. He must keep this plan at the facility. The plan must include procedures and techn…

(a) The owner or operator must prepare an outline of a ground-water quality assessment program. The outline must describe a more comprehensive ground-water monitoring program (than that described in sections 11-265-91 and 11-265-92) capable of determining: (1) Whether hazardous w…

(a) Unless the ground water is monitored to satisfy the requirements of paragraph 11-265-93(d)(4), the owner or operator must: (1) Keep records of the analyses required in subsections 11-265-92(c) and 11-265-92(d), the associated ground-water surface elevations required in subsec…

Title 40, part 265 of the Code of Federal Regulations (C.F.R.), published by the Office of the Federal Register, as amended as of July 1, 2022, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-265.1-2 to 11-265.1-25. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 265.143 is amended as follows: in 40 C.F.R. section 265.143(g), replace "Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" with 'state…