reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-113 - Closure; time allowed for closure

Current through June, 2024
(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 operator must treat, remove from the unit or
				  facility, or dispose of on-site, all hazardous wastes in accordance with the
				  approved closure plan. The director may approve a longer period if the owner or
				  operator complies with all applicable requirements for requesting a
				  modification to the permit and demonstrates that:
(1)
(i) The
				  activities required to comply with this subsection will, of necessity, take
				  longer than ninety days to complete; or
(ii)
(A)
				  The hazardous waste management unit or facility has the capacity to receive
				  additional hazardous wastes, or has the capacity to receive non-hazardous
				  wastes if the owner or operator complies with subsections (d) and (e);
				  and
(B) There is a reasonable
				  likelihood that he or another person will recommence operation of the hazardous
				  waste management unit or the facility within one year; and
(C) Closure of the hazardous waste management
				  unit or facility would be incompatible with continued operation of the site;
				  and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-114 - Disposal or decontamination of equipment, structures and soils

Current through June, 2024
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 hazardous constituents during partial and final closure,
					 the owner or operator may become a generator of hazardous waste and must handle
					 that waste in accordance with all applicable requirements of chapter
					 11-262.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-115 - Certification of closure

Current through June, 2024
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 that
					 the hazardous waste management unit or facility, as applicable, has been closed
					 in accordance with the specifications in the approved closure plan. The
					 certification must be signed by the owner or operator and by an independent
					 registered professional engineer. Documentation supporting the independent
					 registered professional engineer's certification must be furnished to the
					 director upon request until he releases the owner or operator from the
					 financial assurance requirements for closure under subsection
					 11-264-143(i).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-116 - Survey plat

Current through June, 2024
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
					 the location and dimensions of landfills cells or other hazardous waste
					 disposal units with respect to permanently surveyed benchmarks. This plat must
					 be prepared and certified by a professional land surveyor. The plat filed with
					 the county zoning authority, or the authority with jurisdiction over local land
					 use, must contain a note, prominently displayed, which states the owner's or
					 operator's obligation to restrict disturbance of the hazardous waste disposal
					 unit in accordance with the applicable subchapter G
					 regulations.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-117 - Post-closure care and use of property

Current through June, 2024
(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) Monitoring and reporting in
				  accordance with the requirements of subchapters F, K, L, M, N and X;
				  and
(ii) Maintenance and monitoring
				  of waste containment systems in accordance with the requirements of subchapters
				  F, K, L, M, N, and X.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-118 - Post-closure plan; amendment of plan

Current through June, 2024
(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 closure are required by subparagraphs
				  11-264-228(c)(1)(ii) and 11-264-258(c)(1)(ii) to have contingent post-closure
				  plans. Owners or operators of surface impoundments and waste piles not
				  otherwise required to prepare contingent post-closure plans under subparagraphs
				  11-264-228(c)(1)(ii) and 11-264-258(c)(1)(ii) must submit a post-closure plan
				  to the director within ninety days from the date that the owner or operator or
				  director determines that the hazardous waste management unit must be closed as
				  a landfill, subject to the requirements of sections 11-264-117 through
				  11-264-120. The plan must be submitted with the permit application, in
				  accordance with paragraph 11-270-14(b)(13), and approved by the director as
				  part of the permit issuance procedures under chapter 11-271. In accordance with
				  section 11-270-32, the approved post-closure plan will become a condition of
				  any hazardous waste management permit issued.
(b) For each hazardous waste management unit
				  subject to the requirements of this section, the post-closure plan must
				  identify the activities that will be carried on after closure of each disposal
				  unit and the frequency of these activities, and include at least:
(1) A description of the planned monitoring
				  activities and frequencies at which they will be performed to comply with
				  subchapters F, K, L, M, N, and X during the post-closure care period;
				  and
(2) A description of the
				  planned maintenance activities, and frequencies at which they will be
				  performed, to ensure:
(i) The integrity of
				  the cap and final cover or other containment systems in accordance with the
				  requirements of subchapters F, K, L, M, N, and X; and
(ii) The function of the monitoring equipment
				  in accordance with the requirements of subchapters F, K, L, M, N, and X;
				  and
(3) The name,
				  address, and phone number of the person or office to contact about the
				  hazardous waste disposal unit or facility during the post-closure care
				  period.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-119 - Post-closure notices

Current through June, 2024
(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 quantity of hazardous wastes disposed of within each
				  cell or other disposal unit of the facility. For hazardous wastes disposed of
				  before January 12, 1981, the owner or operator must identify the type,
				  location, and quantity of the hazardous wastes to the best of his knowledge and
				  in accordance with any records he has kept.
(b) Within sixty days of certification of
				  closure of the first hazardous waste disposal unit and within sixty days of
				  certification of closure of the last hazardous waste disposal unit, the owner
				  or operator must:
(1) Record, in accordance
				  with State law, a notation on the deed to the facility property -- or on some
				  other instrument which is normally examined during title search -- that will in
				  perpetuity notify any potential purchaser of the property that:
(i) The land has been used to manage
				  hazardous wastes; and
(ii) Its use
				  is restricted under subchapter G regulations; and
(iii) The survey plat and record of the type,
				  location, and quantity of hazardous wastes disposed of within each cell or
				  other hazardous waste disposal unit of the facility required by section
				  11-264-116 and subsection 11-264-119(a) have been filed with the county zoning
				  authority or the authority with jurisdiction over local land use and with the
				  director; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-120 - Certification of completion of post-closure care

Current through June, 2024
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 unit was performed in accordance with the specifications in the
					 approved post-closure plan. The certification must be signed by the owner or
					 operator and an independent registered professional engineer.
Documentation supporting the independent registered
					 professional engineer's certification must be furnished to the director upon
					 request until he releases the owner or operator from the financial assurance
					 requirements for post-closure care under subsection
					 11-264-145(i).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 11-264-140 - Applicability

Current through June, 2024
(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 11-264-145 apply only to owners and
				  operater of:
(1) Disposal
				  facilities;
(2) Piles, and surface
				  impoundments from which the owner or operator intends to remove the wastes at
				  closure, to the extent that these sections are made applicable to such
				  facilities in sections 11-264-228 and 11-264-258;
(3) Tank systems that are required section
				  11-264-197 to meet the requirements for landfills; and
(4) Containment buildings that are required
				  under section 11-264-1102 to meet the requirements for landfills.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 11-264-142 - Cost estimate for closure

Current through June, 2024
(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, 11-264-228, 11-264-258, 11-264-280, 11-264-310,
				  11-264-351, 11-264-601 through 11-264-603, and 11-264-1102.
(1) The estimate must equal the cost of final
				  closure at the point in the facility's active life when the extent and manner
				  of its operation would make closure the most expensive, as indicated by its
				  closure plan (see subsection 11-264-112(b) ); and
(2) The closure cost estimate must be based
				  on the costs to the owner or operator of hiring a third party to close the
				  facility. A third party is a party who is neither a parent nor a subsidiary of
				  the owner or operator. (See definition of parent corporation in subsection
				  11-264-141(d).) The owner or operator may use costs for on-site disposal if he
				  can demonstrate that on-site disposal capacity will exist at all times over the
				  life of the facility.
(3) The
				  closure cost estimate may not incorporate any salvage value that may be
				  realized with the sale of hazardous wastes, or non-hazardous wastes if
				  applicable under subsection 11-264-113(d), facility structures or equipment,
				  land, or other assets associated with the facility at the time of partial or
				  final closure.
(4) The owner or
				  operator may not incorporate a zero cost for hazardous wastes, or non-hazardous
				  wastes if applicable under subsection 11-264-113(d), that might have economic
				  value.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 11-264-144 - Cost estimate for post-closure care

Current through June, 2024
(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 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 11-264-117 through 11-264-120, 11-264-228, 11-264-258, 11-264-280,
				  11-264-310, and 11-264-603.
(1) The
				  post-closure cost estimate must be based on the costs to the owner or operator
				  of hiring a third party to conduct post-closure care activities. A third party
				  is a party who is neither a parent nor a subsidiary of the owner or operator.
				  (See definition of parent corporation in subsection 11-264-141(d).)
(2) The post-closure cost estimate is
				  calculated by multiplying the annual post-closure cost estimate by the number
				  of years of post-closure care required under section 11-264-117.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 11-264-146 - Use of a mechanism for financial assurance of both closure and post-closure care

Current through June, 2024
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 the
					 mechanism in both sections
					 11-264-143 and
					 11-264-145. The amount of funds
					 available through the mechanism must be no less than the sum of funds that
					 would be available if a separate mechanism had been established and maintained
					 for financial assurance of closure and of post-closure care.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 11-264-147 - Liability requirements

Current through June, 2024
(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 accidental occurrences arising from operations
				  of the facility or group of facilities. The owner or operator must have and
				  maintain liability coverage for sudden accidental occurrences in the amount of
				  at least $1 million per occurrence with an annual aggregate of at least $2
				  million, exclusive of legal defense costs. This liability coverage may be
				  demonstrated as specified in paragraphs (a)(1), (2), (3), (4), (5), or (6):
(1) An owner or operator may demonstrate the
				  required liability coverage by having liability insurance as specified in this
				  subsection.
(i) Each insurance policy must be
				  amended by attachment of the Hazardous Waste Facility Liability Endorsement or
				  evidenced by a Certificate of Liability Insurance. The wording of the
				  endorsement must be identical to the wording specified in subsection
				  11-264-151(i). The wording of the certificate of insurance must be identical to
				  the wording specified in subsection 11-264-151(j). The owner or operator must
				  submit a signed duplicate original of the endorsement or the certificate of
				  insurance to the director. If requested by the director, the owner or operator
				  must provide a signed duplicate original of the insurance policy. An owner or
				  operator of a new facility must submit the signed duplicate original of the
				  Hazardous Waste Facility Liability Endorsement or the Certificate of Liability
				  Insurance to the director at least sixty days before the date on which
				  hazardous waste is first received for treatment, storage, or disposal. The
				  insurance must be effective before this initial receipt of hazardous
				  waste.
(ii) Each insurance policy
				  must be issued by an insurer which, at a minimum, is licensed to transact the
				  business of insurance, or eligible to provide insurance as an excess or surplus
				  lines insurer, in one or more states.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 11-264-148 - Incapacity of owners or operators, guarantors, or financial institutions

Current through June, 2024
(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 corporate guarantee as specified in subsections 11-264-143(f) and
				  11-264-145(f) must make such a notification if he is named as debtor, as
				  required under the terms of the corporate guarantee (subsection 11-264-151(h)
				  ).
(b) An owner or operator who
				  fulfills the requirements of section 11-264-143, section 11-264-145, or section
				  11-264-147 by obtaining a trust fund, surety bond, letter of credit, or
				  insurance policy will be deemed to be without the required financial assurance
				  or liability coverage in the event of bankruptcy of the trustee or issuing
				  institution, or a suspension or revocation of the authority of the trustee
				  institution to act as trustee or of the institution issuing the surety bond,
				  letter of credit, or insurance policy to issue such instruments. The owner or
				  operator must establish other financial assurance or liability coverage within
				  sixty days after such an event.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter H - FINANCIAL REQUIREMENTS › Section 11-264-151 - Wording of the instruments

Current through June, 2024
(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
				  relevant information and the brackets deleted:
TRUST AGREEMENT
Trust Agreement, the "Agreement,'' entered into as of
					 [date] by and between [name of the owner or operator], a [name of state]
					 [insert "corporation, '' "partnership, '' "association, '' or
					 "proprietorship''], the "Grantor,'' and [name of corporate trustee], [insert
					 "incorporated in the State of ___________'' or "a national bank''], the
					 "Trustee.''
Whereas, the Department of Health, State of Hawaii, has
					 established certain rules applicable to the Grantor, requiring that an owner or
					 operator of a hazardous waste management facility shall provide assurance that
					 funds will be available when needed for closure and/or post-closure care of the
					 facility,
Whereas, the Grantor has elected to establish a trust to
					 provide all or part of such financial assurance for the facilities identified
					 herein,
Whereas, the Grantor, acting through its duly authorized
					 officers, has selected the Trustee to be the trustee under this agreement, and
					 the Trustee is willing to act as trustee,
Now, Therefore, the Grantor and the Trustee agree as
					 follows:
Section 1. Definitions. As
				  used in this Agreement:
(a) The term
				  "Grantor'' means the owner or operator who enters into this Agreement and any
				  successors or assigns of the Grantor.
(b) The term "Trustee'' means the Trustee who
				  enters into this Agreement and any successor Trustee.
(c) The term "department" means the
				  Department of Health, State of Hawaii.
(d) The term "director" means the director of
				  the Department of Health, State of Hawaii.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-264-170 - Applicability

Current through June, 2024
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
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-264-171 - Condition of containers

Current through June, 2024
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 some
					 other way hat complies with the requirements of this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-264-172 - Compatibility of waste with containers

Current through June, 2024
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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-264-173 - Management of containers

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-264-174 - Inspections

Current through June, 2024
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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-264-175 - Containment

Current through June, 2024
(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 is free of cracks or gaps and is sufficiently impervious
				  to contain leaks, spills, and accumulated precipitation until the collected
				  material is detected and removed;
(2) The base must be sloped or the
				  containment system must be otherwise designed and operated to drain and remove
				  liquids resulting from leaks, spills, or precipitation, unless the containers
				  are elevated or are otherwise protected from contact with accumulated
				  liquids;
(3) The containment system
				  must have sufficient capacity to contain 10% of the volume of containers or the
				  volume of the largest container, whichever is greater. Containers that do not
				  contain free liquids need not be considered in this determination;
(4) Run-on into the containment system must
				  be prevented unless the collection system has sufficient excess capacity in
				  addition to that required in paragraph (b)(3) to contain any run-on which might
				  enter the system; and
(5) Spilled
				  or leaked waste and accumulated precipitation must be removed from the sump or
				  collection area in as timely a manner as is necessary to prevent overflow of
				  the collection system.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-264-176 - Special requirements for ignitable or reactive waste

Current through June, 2024
Containers holding ignitable or reactive waste must be
					 located at least fifteen meters (fifty feet) from the facility's property
					 line.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-264-177 - Special requirements for incompatible wastes

Current through June, 2024
(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 incompatible waste or material.
(c) A storage container holding a hazardous
				  waste that is incompatible with any waste or other materials stored nearby in
				  other containers, piles, open tanks, or surface impoundments must be separated
				  from the other materials or protected from them by means of a dike, berm, wall,
				  or other device.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-264-178 - Closure

Current through June, 2024
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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-264-179 - Air emission standards

Current through June, 2024
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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-264-190 - Applicability

Current through June, 2024
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 hazardous waste which contains no free liquids and are situated inside a
				  building with an impermeable floor are exempted from the requirements in
				  section 11-264-193. To demonstrate the absence or presence of free liquids in
				  the stored/treated waste, the following test must be used: Method 9095 (Paint
				  Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste,
				  Physical/Chemical Methods,'' EPA Publication SW-846, as incorporated by
				  reference in section 11-260-11.
(b)
				  Tank systems, including sumps, as defined in section 11-260-10, that serve as
				  part of a secondary containment system to collect or contain releases of
				  hazardous wastes are exempted from the requirements in subsection
				  11-264-193(a).
(c) Tanks, sumps,
				  and other such collection devices or systems used in conjunction with drip
				  pads, as defined in section 11-260-10 and regulated under subchapter W of this
				  chapter, must meet the requirements of this subchapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-264-191 - Assessment of existing tank system's integrity

Current through June, 2024
(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 must obtain and keep on file at the
				  facility a written assessment reviewed and certified by an independent,
				  qualified registered professional engineer, in accordance with subsection
				  11-270-11(d), that attests to the tank system's integrity by the effective date
				  of these rules.
(b) This assessment
				  must determine that the tank system is adequately designed and has sufficient
				  structural strength and compatibility with the waste(s) to be stored or
				  treated, to ensure that it will not collapse, rupture, or fail. At a minimum,
				  this assessment must consider the following:
(1) Design standard(s), if available,
				  according to which the tank and ancillary equipment were constructed;
(2) Hazardous characteristics of the waste(s)
				  that have been and will be handled;
(3) Existing corrosion protection
				  measures;
(4) Documented age of the
				  tank system, if available (otherwise, an estimate of the age); and
(5) Results of a leak test, internal
				  inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, the
				  assessment must include a leak test that is capable of taking into account the
				  effects of temperature variations, tank end deflection, vapor pockets, and high
				  water table effects, and
(ii) For
				  other than non-enterable underground tanks and for ancillary equipment, this
				  assessment must include either a leak test, as described above, or other
				  integrity examination, that is certified by an independent, qualified,
				  registered professional engineer in accordance with subsection 11-270-11(d),
				  that addresses cracks, leaks, corrosion, and erosion.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-264-193 - Containment and detection of releases

Current through June, 2024
(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,
				  prior to their being put into service;
(2) For all existing tank systems used to
				  store or treat EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027,
				  by the effective date of these rules;
(3) For those existing tank systems of known
				  and documented age, by the effective date of these rules or when the tank
				  system has reached 15 years of age, whichever comes later;
(4) For those existing tank systems for which
				  the age cannot be documented, by January 12, 1995; but if the age of the
				  facility is greater than seven years, secondary containment must be provided by
				  the time the facility reaches 15 years of age, or by the effective date of
				  these rules, whichever comes later;
(5) For those existing tank systems of known
				  and documented age that store or treat materials that become hazardous wastes
				  subsequent to the effective date of these rules, within two years after the
				  date that the material becomes a hazardous waste under RCRA, or by the
				  effective date of these rules, or when the tank system has reached 15 years of
				  age, whichever comes later; and
(6)
				  For those existing tank systems for which the age cannot be documented that
				  store or treat materials that become hazardous wastes subsequent to the
				  effective date of these rules, within eight years after the date that the
				  material becomes a hazardous waste under RCRA, or by the effective date of
				  these rules, whichever comes later; but if the age of the facility is greater
				  than seven years, secondary containment must be provided by the time the
				  facility reaches 15 years of age, or within two years after the date that the
				  material becomes a hazardous waste under RCRA, or by the effective date of
				  these rules, whichever comes later.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-264-194 - General operating requirements

Current through June, 2024
(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 prevent spills and overflows from tank or
				  containment systems. These include at a minimum:
(1) Spill prevention controls (e.g., check
				  valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level
				  sensing devices, high level alarms, automatic feed cutoff, or bypass to a
				  standby tank); and
(3) Maintenance
				  of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
				  wind action or by precipitation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-264-195 - Inspections

Current through June, 2024
(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) Data
				  gathered from monitoring and leak detection equipment (e.g., pressure or
				  temperature gauges, monitoring wells) to ensure that the tank system is being
				  operated according to its design; and
(3) The construction materials and the area
				  immediately surrounding the externally accessible portion of the tank system,
				  including the secondary containment system (e.g., dikes) to detect erosion or
				  signs of releases of hazardous waste (e.g., wet spots, dead
				  vegetation).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-264-196 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systems

Current through June, 2024
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 wastes. The owner or operator must immediately stop
				  the flow of hazardous waste into the tank system or secondary containment
				  system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or
				  secondary containment system.
(1) If the
				  release was from the tank system, the owner/operator must, within twenty-four
				  hours after detection of the leak or, if the owner/operator demonstrates that
				  it is not possible, at the earliest practicable time, remove as much of the
				  waste as is necessary to prevent further release of hazardous waste to the
				  environment and to allow inspection and repair of the tank system to be
				  performed.
(2) If the material
				  released was to a secondary containment system, all released materials must be
				  removed within twenty-four hours or in as timely a manner as is possible to
				  prevent harm to human health and the environment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-264-197 - Closure and post-closure care

Current through June, 2024
(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 subsection 11-261-3(d) applies. The
				  closure plan, closure activities, cost estimates for closure, and financial
				  responsibility for tank systems must meet all of the requirements specified in
				  Subchapters G and H.
(b) If the
				  owner or operator demonstrates that not all contaminated soils can be
				  practicably removed or decontaminated as required in subsection (a), then the
				  owner or operator must close the tank system and perform post-closure care in
				  accordance with the closure and post-closure care requirements that apply to
				  landfills (section 11-264-310 ). In addition, for the purposes of closure,
				  post-closure, and financial responsibility, such a tank system is then
				  considered to be a landfill, and the owner or operator must meet all of the
				  requirements for landfills specified in Subchapters G and H.
(c) If an owner or operator has a tank system
				  that does not have secondary containment that meets the requirements of
				  subsections 11-264-193(b) through (f) and has not been granted a variance from
				  the secondary containment requirements in accordance with subsection
				  11-264-193(g), then:
(1) The closure plan for
				  the tank system must include both a plan for complying with subsection (a) and
				  a contingent plan for complying with subsection (b).
(2) A contingent post-closure plan for
				  complying with subsection (b) must be prepared and submitted as part of the
				  permit application.
(3) The cost
				  estimates calculated for closure and post-closure care must reflect the costs
				  of complying with the contingent closure plan and the contingent post-closure
				  plan, if those costs are greater than the costs of complying with the closure
				  plan prepared for the expected closure under subsection (a).
(4) Financial assurance must be based on the
				  cost estimates in paragraph (c)(3).
(5) For the purposes of the contingent
				  closure and post-closure plans, such a tank system is considered to be a
				  landfill, and the contingent plans must meet all of the closure, post-closure,
				  and financial responsibility requirements for landfills under Subchapters G and
				  H.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-264-198 - Special requirements for ignitable or reactive wastes

Current through June, 2024
(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 ignitable or reactive
				  waste under section 11-261-21 or 11-261-23, and
(ii) Subsection 11-264-17(b) is complied
				  with; or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-264-199 - Special requirements for incompatible wastes

Current through June, 2024
(a)
				  Incompatible wastes, or incompatible wastes and materials, must not be placed
				  in the same tank system, unless subsection 11-264-17(b) is complied
				  with.
(b) Hazardous waste must not
				  be placed in a tank system that has not been decontaminated and that previously
				  held an incompatible waste or material, unless subsection 11-264-17(b) is
				  complied with.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-264-200 - Air emission standards

Current through June, 2024
The owner or operator shall manage all hazardous waste
					 placed in a tank in accordance with the applicable requirements of subchapters
					 AA, BB, and CC.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-264-220 - Applicability

Current through June, 2024
The rules in this subchapter apply to owners and operators
					 of facilities that use surface impoundments to treat, store, or dispose of
					 hazardous waste except as section
					 11-264-1 provides
					 otherwise.