Hawaii Administrative Code

(a) Written plan. By six months after the effective date of the rule that first subjects a facility to provisions of this section, the owner or operator of a hazardous waste management facility must have a written closure plan. Until final closure is completed and certified in ac…

(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, or within nine…

During the partial and final closure periods, all contaminated equipment, structures and soil must be properly disposed of, or decontaminated unless specified otherwise in sections 11-265-197, 11-265-228, 11-265-258, 11-265-280, or 11-265-310. By removing all hazardous wastes or …

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 completion of final closure, the owner or operator must submit to the director, by registered mail, a certification that…

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

(a) (1) Post-closure care for each hazardous waste management unit subject to the requirements of sections 11-265-117 through 11-265-120 must begin after completion of closure of the unit and continue for thirty years after that date. It 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. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous wastes at closure must prepare a post-closure plan and submit it to t…

(a) No later than sixty days after certification of closure of each hazardous waste disposal unit, the owner or operator must submit to the local 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 the 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 dispo…

The requirements of this subchapter apply to owners or operators who store munitions and explosive hazardous wastes, except as section 11-265-1 provides otherwise. Notes Haw. Code R. § 11-265-1200 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (I…

(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) (1) Before an owner or operator treats, stores or disposes of any hazardous wastes, or non-hazardous wastes if applicable under subsection 11-265-113(d), he must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analy…

Appendices I, III, IV, V, and VI to 40 CFR Part 265, revised as of May 25, 1998, and Appendix VII, are made a part of this chapter. These Appendices are entitled: Appendix I - Recordkeeping Instructions Appendix III - EPA Interim Primary Drinking Water Standards Appendix IV - Tes…

(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 11-265-142, 11-265-143 and 11-265-147 through 11-265-150 apply to owners or operators of all hazardous waste facilities, except as provided otherwise in this section or in section 11-265-1. (b) The requirements of sections 11-265-144 and 11-265-14…

(a) "Closure plan'' means the plan for closure prepared in accordance with the requirements of section 11-265-112. (b) ''Current closure cost estimate'' means the most recent of the estimates prepared in accordance with subsections 11-265-142(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 11-265-111 through 11-265-115 and applicable closure requirements in sections 11-265-178, 11-265-197, 11-265-22…

By the effective date of these rules, 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 (e). (a) Closure trust fund. (1) An owner or operator may satisfy th…

(a) The owner or operator of a hazardous waste disposal unit must have a detailed written estimate, in current dollars, of the annual cost of post-closure monitoring and maintenance of the facility in accordance with the applicable post-closure regulations in sections 11-265-117 …

By the effective date of these rules, an owner or operator of a facility with a hazardous waste disposal unit must establish financial assurance for post-closure care of the disposal unit(s). (a) Post-closure trust fund. (1) An owner or operator may satisfy the requirements of th…

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 ten days after commencement of the proceeding. A guarantor of a …

Notes Haw. Code R. § 11-265-149

(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 operator mu…

Notes Haw. Code R. § 11-265-150

(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 11-265-1 provides otherwise. Notes Haw. Code R. § 11-265-170 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-3…

If a container holding hazardous waste is not in good condition, 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 some other way that complies with the requirement…

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 be stored, so that the ability of the container to contain the waste is not impaired. Notes Haw. Code R. § 11-265-172 [E…

(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 a manner which may rupture the container or cause it to leak. Notes …

The owner or operator must inspect areas where containers are stored, at least weekly, looking for leaks and for deterioration caused by corrosion or other factors. Notes Haw. Code R. § 11-265-174 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R…

Notes Haw. Code R. § 11-265-175

Containers holding ignitable or retentive waste must be located at least fifteen meters (50 feet) from the facility's property line. Notes Haw. Code R. § 11-265-176 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.176)

(a) Incompatible wastes, or incompatible wastes and materials. (see Appendix V for examples) must not be placed in the same container, unless subsection 11-265-17(b) is complied with. (b) Hazardous waste must not be placed in an unwashed container that previously held an incompat…

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. § 11-265-178 [Eff 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.178…

The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave is prohibited. Notes Haw. Code R. § 11-265-18 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.18)

(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 subsection 11-265-221(a), section 11-265-254, and subsection 11-265-301(a). The program must ensure that th…

(a) Tank systems that are used to store or treat hazardous waste which contains no free liquids and that are situated inside a building with an impermeable floor are exempted from the requirements in section 11-265-193. To demonstrate the absence or presence of free liquids in th…

(a) For each existing tank system that does not have secondary containment meeting the requirements of section 11-265-193, 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 ensure that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the was…

(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 secondary containment system to rupture, leak, corrode, or otherwise fail. (b) The owner or operator must use appropriate controls and prac…

(a) The owner or operator must inspect, where present, at least once each operating day: (1) Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order; (2) The aboveground portions of the ta…