Hawaii Administrative Code

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

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

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) For the purpose of implementing remedies under section 11-264-101 or HRS section 342J-36, the director may designate an area at the facility as a corrective action management unit, as defined in section 11-260-10, in accordance with the requirements of this section. One or mo…

(a) For temporary tanks and container storage areas used for treatment or storage of hazardous remediation wastes, during remedial activities required under section 11-264-101 or HRS section 342J-36, the director may determine that a design, operating, or closure standard applica…

(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…

(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 11-264-570, 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 11-264-573(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 requirements of sections 11-264-573 (except paragraph 11-264-573(a) (4)), 11-264-574 and 11-264-575, or (b) all of the req…

(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 must…

(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 requirements in this subchapter apply to owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units, except as section 11-264-1 provides otherwise. Notes Haw. Code R. § 11-264-600 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-3…

A miscellaneous unit must be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units are to contain such terms and provisions as necessary to protect human health…

Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequencies must ensure compliance with sections 11-264-601, 11-264-15, 11-264-33, 11-264-75, 11-264-76, 11-264-77, and 11-264-101 as well as meet any additional requirements needed to prote…

A miscellaneous unit that is a disposal unit must be maintained in a manner that complies with section 11-264-601 during the post-closure care period. In addition, if a treatment or storage unit has contaminated soils or ground water that cannot be completely removed or decontami…

The rules in this subchapter apply to owners and operators of both on-site and off-site facilities, except as section 11-264-1 provides otherwise. Sections 11-264-71, 11-264-72, and 11-264-76 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 or her 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 …

(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 X). The report must cover facility activities during the previous calen…

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 reports and unmanifested waste reports described in 11-264-75 and 11-264-76, the owner or operator must also report to the director: (a) Releases, fires, and explosions as specified in subsection 11-264-56(j); (b) Facility closures specified…

(a) Applicability. (1) Except as provided in subsection (b), the rules in this subchapter apply to owners or operators of facilities that treat, store or dispose of hazardous waste. The owner or operator must satisfy the requirements identified in paragraph (a)(2) for all wastes …

(a) Owners and operators subject to this subchapter must conduct a monitoring and response program as follows: (1) Whenever hazardous constituents under section 11-264-93 from a regulated unit are detected at a compliance point under section 11-264-95, the owner or operator must …

The owner or operator must comply with conditions specified in the facility permit that are designed to ensure that hazardous constituents under section 11-264-93 detected in the ground water from a regulated unit do not exceed the concentration limits under section 11-264-94 in …

(a) The director will specify in the facility permit the hazardous constituents to which the ground-water protection standard of section 11-264-92 applies. Hazardous constituents are constituents identified in Appendix VIII of chapter 11-261 that have been detected in ground wate…

(a) The director will specify in the facility permit concentration limits in the ground water for hazardous constituents established under section 11-264-93. The concentration of a hazardous constituent: (1) Must not exceed the background level of that constituent in the ground w…

(a) The director will specify in the facility permit the point of compliance at which the ground-water protection standard of section 11-264-92 applies and at which monitoring must be conducted. The point of compliance is a vertical surface located at the hydraulically down-gradi…

(a) The director will specify in the facility permit the compliance period during which the ground-water protection standard of section 11-264-92 applies. The compliance period is the number of years equal to the active life of the waste management area (including any waste manag…

The owner or operator must comply with the following requirements for any ground-water monitoring program developed to satisfy 11-264-98, 11-264-99, or 11-264-100: (a) The ground-water monitoring system must consist of a sufficient number of wells, installed at appropriate locati…

An owner or operator required to establish a detection monitoring program under this subchapter must, at a minimum, discharge the following responsibilities: (a) The owner or operator must monitor for indicator parameters (e.g., specific conductance, total organic carbon, or tota…

An owner or operator required to establish a compliance monitoring program under this subchapter must, at a minimum, discharge the following responsibilities: (a) The owner or operator must monitor the ground water to determine whether regulated units are in compliance with the g…

Title 40, part 264 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 11-264.1-2 to 11-264.1-24. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 264.143 is amended as follows: in 40 C.F.R. section 264.143(h), replace "Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" with 'state…

Reserved for amendments to 40 C.F.R. part 264, subpart I. Notes Haw. Code R. § 11-264.1-11 [Eff JUL 17 2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) Am and Comp 9/30/2018 Comp 6/25/2020 Comp 6/7/2021 Comp 1/29/2024…

The incorporation by reference of 40 C.F.R. section 264.191 is amended as follows: (1) In 40 C.F.R. section 264.191(a), replace "January 12, 1988" with "January 12, 1988 for HSWA tanks and June 18, 1995 for non-HSWA tanks". (2) In 40 C.F.R. section 264.191(c), replace "Tank syste…

The incorporation by reference of 40 C.F.R. section 264.221 is amended as follows: in 40 C.F.R. section 264.221(e)(2)(i)(C), replace "RCRA section 3005(c)" with "section 342J-5, HRS". Notes Haw. Code R. § 11-264.1-13 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35…

Notes Haw. Code R. §§ 11-264.1-14 to 11-264.1-15 Reserved 7/17/2017 Reserved 6/25/2020

The incorporation by reference of 40 C.F.R. section 264.301 is amended as follows: (1) In 40 C.F.R. section 264.301(e)(2)(i)(C), replace "RCRA 3005(c)" with "section 342J-5, HRS". (2) 40 C.F.R. section 264.301(1) is excluded from incorporation. Notes Haw. Code R. § 11-264.1-16 [E…

Notes Haw. Code R. §§ 11-264.1-17 to 11-264.1-18 Reserved 7/17/2017 Reserved 6/25/2020

(a) The incorporation by reference of 40 C.F.R. section 264.570 is amended as follows: in 40 C.F.R. section 264.570(a), replace "December 6, 1990" with "December 6, 1990 for HSWA drip pads and June 18, 1994 for non-HSWA drip pads". Replace "December 24, 1992" with "December 24, 1…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 264, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "Assistant Administrator", "Assistant Administrator for Solid W…

Notes Haw. Code R. § 11-264.1-20 Reserved 7/17/2017 Reserved 6/25/2020

(a) The incorporation by reference of 40 C.F.R. section 264.1030 is amended as follows: (1) In 40 C.F.R. section 264.1030(b)(3), replace "262.34(a)" with "262.17". (2) In 40 C.F.R. section 264.1030(c), replace "when the permit is reissued" with "when a state hazardous waste manag…

(a) The incorporation by reference of 40 C.F.R. section 264.1050 is amended as follows: (1) In 40 C.F.R. section 264.1050(b)(2), replace "262.34(a)" with "262.17". (2) In 40 C.F.R. section 264.1050(c), replace "when the permit is reissued" with "when a state hazardous waste manag…