reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart D - Contingency Plan and Emergency Procedures › Section 11-264.55 - Emergency coordinator

Current through June, 2024
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 emergency coordinator
						must be thoroughly familiar with all aspects of the facility's contingency
						plan, all operations and activities at the facility, the location and
						characteristics of waste handled, the location of all records within the
						facility, and the facility layout. In addition, this person must have the
						authority to commit the resources needed to carry out the contingency
						plan.
[Comment: The emergency coordinator's responsibilities
						are more fully spelled out in § 264.56. Applicable responsibilities for
						the emergency coordinator vary, depending on factors such as type and variety
						of waste(s) handled by the facility, and type and complexity of the
						facility.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart D - Contingency Plan and Emergency Procedures › Section 11-264.56 - Emergency procedures

Current through June, 2024
(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 personnel;
					 and
(2) Notify appropriate State or
					 local agencies with designated response roles if their help is
					 needed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart E - Manifest System, Recordkeeping, and Reporting › Section 11-264.70 - Applicability

Current through June, 2024
(a) The regulations in this subpart apply to
					 owners and operators of both on-site and offsite facilities, except as §
					 264.1 provides otherwise. Sections 264.71, 264.72, and 264.76 do not apply to
					 owners and operators of on-site facilities that do not receive any hazardous
					 waste from off-site sources, nor to owners and operators of off-site facilities
					 with respect to waste military munitions exempted from manifest requirements
					 under
					 40
					 CFR 266.203(a). Section
					 264.73(b) only applies to permittees who treat, store, or dispose of hazardous
					 wastes on-site where such wastes were generated.
(b) The revised Manifest form and procedures
					 in 40 CFR 260.10,
					 261.7,
					 264.70,
					 264.71.
					 264.72, and 264.76, shall not apply until September 5, 2006. The Manifest form
					 and procedures in
					 40
					 CFR 260.10,
					 261.7,
					 264.70,
					 264.71.
					 264.72, and 264.76, contained in the 40 CFR, parts 260 to 265, edition revised
					 as of July 1, 2004 [federal], shall be applicable until September 5,
					 2006.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart E - Manifest System, Recordkeeping, and Reporting › Section 11-264.72 - Manifest discrepancies

Current through June, 2024
(a) Manifest
					 discrepancies are:
(1) Significant differences
					 (as defined by paragraph (b) of this section) between the quantity or type of
					 hazardous waste designated on the manifest or shipping paper, and the quantity
					 and type of hazardous waste a facility actually receives;
(2) Rejected wastes, which may be a full or
					 partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues
					 that exceed the quantity limits for "empty" containers set forth in
					 40 CFR
					 261.7(b).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart E - Manifest System, Recordkeeping, and Reporting › Section 11-264.74 - Availability, retention, and disposition of records

Current through June, 2024
(a) All
					 records, including plans, required under this part must be furnished upon
					 request, and made available at all reasonable times for inspection, by any
					 officer, employee, or representative of [the] state department of health who is
					 duly designated by the director.
(b)
					 The retention period for all records required under this part is extended
					 automatically during the course of any unresolved enforcement action regarding
					 the facility or as requested by the Administrator.
(c) A copy of records of waste disposal
					 locations and quantities under § 264.73(b)(2) must be submitted to the
					 director and local land authority upon closure of the facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart E - Manifest System, Recordkeeping, and Reporting › Section 11-264.75 - Biennial report

Current through June, 2024
The owner or operator must complete and submit EPA Form
						8700-13 A/B to the Regional Administrator by March 1 of each even numbered year
						and must cover activities during the previous year.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart E - Manifest System, Recordkeeping, and Reporting › Section 11-264.76 - Unmanifested waste report

Current through June, 2024
(a) 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 by § 263.20(e) of this chapter, and if the
					 waste is not excluded from the manifest requirement by this chapter, then the
					 owner or operator must prepare and submit a letter to the director within 15
					 days after receiving the waste. The unmanifested waste report must contain the
					 following information:
(1) The EPA
					 identification number, name and address of the facility;
(2) The date the facility received the
					 waste;
(3) The EPA identification
					 number, name and address of the generator and the transporter, if
					 available;
(4) A description and
					 the quantity of each unmanifested hazardous waste the facility
					 received;
(5) The method of
					 treatment, storage, or disposal for each hazardous waste;
(6) The certification signed by the owner or
					 operator of the facility or his authorized representative; and,
(7) A brief explanation of why the waste was
					 unmanifested, if known.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart E - Manifest System, Recordkeeping, and Reporting › Section 11-264.77 - Additional reports

Current through June, 2024
In addition to submitting the biennial reports and
						unmanifested waste reports described in §§ 264.75 and 264.76, the
						owner or operator must also report to the director:
(a) Releases, fires, and explosions as
					 specified in
					 40 C.F.R. section
					 264.56(i), as incorporated
					 and amended in this chapter;
(b)
					 Facility closures specified in § 264.115; and
(c) As otherwise required by subparts F, K
					 through N, AA, BB, and CC of this part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.90 - Applicability

Current through June, 2024
(a)
(1)
					 Except as provided in paragraph (b) of this section, the regulations in this
					 subpart 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) of this section for all wastes (or constituents
					 thereof) contained in solid waste management units at the facility, regardless
					 of the time at which waste was placed in such units.
(2) All solid waste management units must
					 comply with the requirements in § 264.101. A surface impoundment, waste
					 pile, and land treatment unit or landfill that receives hazardous waste after
					 July 26, 1982 (hereinafter referred to as a "regulated unit") must comply with
					 the requirements of §§ 264.91 through 264.100 in lieu of §
					 264.101 for purposes of detecting, characterizing and responding to releases to
					 the uppermost aquifer. The financial responsibility requirements of §
					 264.101 apply to regulated units.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.91 - Required programs

Current through June, 2024
(a) Owners and
					 operators subject to this subpart must conduct a monitoring and response
					 program as follows:
(1) Whenever hazardous
					 constituents under § 264.93 from a regulated unit are detected at a
					 compliance point under § 264.95, the owner or operator must institute a
					 compliance monitoring program under § 264.99. Detected is defined as
					 statistically significant evidence of contamination as described in §
					 264.98(f);
(2) Whenever the
					 ground-water protection standard under § 264.92 is exceeded, the owner or
					 operator must institute a corrective action program under § 264.100.
					 Exceeded is defined as statistically significant evidence of increased
					 contamination as described in § 264.99(d);
(3) Whenever hazardous constituents under
					 § 264.93 from a regulated unit exceed concentration limits under §
					 264.94 in ground water between the compliance point under § 264.95 and the
					 down gradient facility property boundary, the owner or operator must institute
					 a corrective action program under § 264.100; or
(4) In all other cases, the owner or operator
					 must institute a detection monitoring program under § 264.98.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.92 - Ground-water protection standard

Current through June, 2024
The owner or operator must comply with conditions
						specified in the facility permit that are designed to ensure that hazardous
						constituents under § 264.93 detected in the ground water from a regulated
						unit do not exceed the concentration limits under § 264.94 in the
						uppermost aquifer underlying the waste management area beyond the point of
						compliance under § 264.95 during the compliance period under §
						264.96. The director will establish this ground-water protection standard in
						the facility permit when hazardous constituents have been detected in the
						ground water.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.93 - Hazardous constituents

Current through June, 2024
(a) The director
					 will specify in the facility permit the hazardous constituents to which the
					 ground-water protection standard of § 264.92 applies. Hazardous
					 constituents are constituents identified in appendix VIII of part 261 of this
					 chapter that have been detected in ground water in the uppermost aquifer
					 underlying a regulated unit and that are reasonably expected to be in or
					 derived from waste contained in a regulated unit, unless the director has
					 excluded them under paragraph (b) of this section.
(b) The director will exclude an appendix
					 VIII constituent from the list of hazardous constituents specified in the
					 facility permit if he finds that the constituent is not capable of posing a
					 substantial present or potential hazard to human health or the environment. In
					 deciding whether to grant an exemption, the director will consider the
					 following:
(1) Potential adverse effects on
					 ground-water quality, considering:
(i) The
					 physical and chemical characteristics of the waste in the regulated unit,
					 including its potential for migration;
(ii) The hydrogeological characteristics of
					 the facility and surrounding land;
(iii) The quantity of ground water and the
					 direction of ground-water flow;
(iv) The proximity and withdrawal rates of
					 ground-water users;
(v) The current
					 and future uses of ground water in the area;
(vi) The existing quality of ground water,
					 including other sources of contamination and their cumulative impact on the
					 ground-water quality;
(vii) The
					 potential for health risks caused by human exposure to waste
					 constituents;
(viii) The potential
					 damage to wildlife, crops, vegetation, and physical structures caused by
					 exposure to waste constituents;
(ix) The persistence and permanence of the
					 potential adverse effects; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.94 - Concentration limits

Current through June, 2024
(a) The director
					 will specify in the facility permit concentration limits in the ground water
					 for hazardous constituents established under § 264.93. The concentration
					 of a hazardous constituent:
(1) Must not
					 exceed the background level of that constituent in the ground water at the time
					 that limit is specified in the permit; or
(2) For any of the constituents listed in
					 Table 1, must not exceed the respective value given in that table if the
					 background level of the constituent is below the value given in Table 1; or
TABLE 1--MAXIMUM CONCENTRATION OF CONSTITUENTS FOR
						GROUND-WATER PROTECTION
Constituent
Maximum concentration 
								  1
Arsenic
								  ...............................................................
0.05
Barium
								  ...............................................................
1.0
Cadmium
								  ...........................................................
0.01
Chromium
								  ..........................................................
0.05
Lead
								  ...................................................................
0.05
Mercury
								  ..............................................................
0.002
Selenium
								  ............................................................
0.01
Silver
								  ..................................................................
0.05
Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy
								  1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo- 5,8-dimethano naphthalene)
								  ..........................
0.0002
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma
								  isomer) ..............................................
0.004
Methoxychlor (1,1,1-Trichloro-2,2-bis
								  (p-methoxyphenylethane) ...................................
0.1
Toxaphene
								  (C10H10Cl6,
								  Technical chlorinated camphene, 67-69 percent chlorine)
								  ..............
0.005
2,4-D (2,4-Dichlorophenoxyacetic acid)
								  ............
0.1
2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic
								  acid) ....................
0.01
1 Milligrams per liter.
(3) Must not exceed an alternate
					 limit established by the director under paragraph (b) of this
					 section.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.95 - Point of compliance

Current through June, 2024
(a) The director
					 will specify in the facility permit the point of compliance at which the
					 ground-water protection standard of § 264.92 applies and at which
					 monitoring must be conducted. The point of compliance is a vertical surface
					 located at the hydraulically down gradient limit of the
waste management area that extends down into the
						uppermost aquifer underlying the regulated units.
(b) The waste management area is the limit
					 projected in the horizontal plane of the area on which waste will be placed
					 during the active life of a regulated unit.
(1) The waste management area includes
					 horizontal space taken up by any liner, dike, or other barrier designed to
					 contain waste in a regulated unit.
(2) If the facility contains more than one
					 regulated unit, the waste management area is described by an imaginary line
					 circumscribing the several regulated units.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.96 - Compliance period

Current through June, 2024
(a) The director
					 will specify in the facility permit the compliance period during which the
					 ground-water protection standard of § 264.92 applies. The compliance
					 period is the number of years equal to the active life of the waste management
					 area (including any waste management activity prior to permitting, and the
					 closure period.)
(b) The compliance
					 period begins when the owner or operator initiates a compliance monitoring
					 program meeting the requirements of § 264.99.
(c) If the owner or operator is engaged in a
					 corrective action program at the end of the compliance period specified in
					 paragraph (a) of this section, the compliance period is extended until the
					 owner or operator can demonstrate that the ground-water protection standard of
					 § 264.92 has not been exceeded for a period of three consecutive
					 years.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.97 - General ground-water monitoring requirements

Current through June, 2024
The owner or operator must comply with the following
						requirements for any groundwater monitoring program developed to satisfy §
						264.98, § 264.99, or § 264.100:
(a) The ground-water monitoring system must
					 consist of a sufficient number of wells, installed at appropriate locations and
					 depths to yield ground-water samples from the uppermost aquifer that:
(1) Represent the quality of background
					 ground water that has not been affected by leakage from a regulated unit;
(i) A determination of background
					 ground-water quality may include sampling of wells that are not hydraulically
					 upgradient of the waste management area where:
(A) Hydrogeologic conditions do not allow the
					 owner or operator to determine what wells are hydraulically upgradient;
					 and
(B) Sampling at other wells
					 will provide an indication of background ground-water quality that is
					 representative or more representative than that provided by the upgradient
					 wells; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.98 - Detection monitoring program

Current through June, 2024
An owner or operator required to establish a detection
						monitoring program under this subpart 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 total organic halogen), waste
					 constituents, or reaction products that provide a reliable indication of the
					 presence of hazardous constituents in ground water. The director will specify
					 the parameters or constituents to be monitored in the facility permit, after
					 considering the following factors:
(1) The
					 types, quantities, and concentrations of constituents in wastes managed at the
					 regulated unit;
(2) The mobility,
					 stability, and persistence of waste constituents or their reaction products in
					 the unsaturated zone beneath the waste management area;
(3) The detectability of indicator
					 parameters, waste constituents, and reaction products in ground water;
					 and
(4) The concentrations or
					 values and coefficients of variation of proposed monitoring parameters or
					 constituents in the ground-water background.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.99 - Compliance monitoring program

Current through June, 2024
An owner or operator required to establish a compliance
						monitoring program under this subpart 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 ground-water protection standard under §
					 264.92. The director will specify the ground-water protection standard in the
					 facility permit, including:
(1) A list of the
					 hazardous constituents identified under § 264.93;
(2) Concentration limits under § 264.94
					 for each of those hazardous constituents;
(3) The compliance point under § 264.95;
					 and
(4) The compliance period under
					 § 264.96.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.100 - Corrective action program

Current through June, 2024
An owner or operator required to establish a corrective
						action program under this subpart must, at a minimum, discharge the following
						responsibilities:
(a) The owner or
					 operator must take corrective action to ensure that regulated units are in
					 compliance with the ground-water protection standard under § 264.92. The
					 director will specify the ground-water protection standard in the facility
					 permit, including:
(1) A list of the hazardous
					 constituents identified under § 264.93;
(2) Concentration limits under § 264.94
					 for each of those hazardous constituents;
(3) The compliance point under § 264.95;
					 and
(4) The compliance period under
					 § 264.96.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart F - Releases From Solid Waste Management Units › Section 11-264.101 - Corrective action for solid waste management units

Current through June, 2024
(a)
					 The owner or operator of a facility seeking a permit for the treatment, storage
					 or disposal of hazardous waste must institute corrective action as necessary to
					 protect human health and the environment for all releases of hazardous waste or
					 constituents from any solid waste management unit at the facility, regardless
					 of the time at which waste was placed in such unit.
(b) Corrective action will be specified in
					 the permit in accordance with this section and subpart S of this part. The
					 permit will contain schedules of compliance for such corrective action (where
					 such corrective action cannot be completed prior to issuance of the permit) and
					 assurances of financial responsibility for completing such corrective
					 action.
(c) The owner or operator
					 must implement corrective actions beyond the facility property boundary, where
					 necessary to protect human health and the environment, unless the owner or
					 operator demonstrates to the satisfaction of the director that, despite the
					 owner's or operator's best efforts, the owner or operator was unable to obtain
					 the necessary permission to undertake such actions. The owner/operator is not
					 relieved of all responsibility to clean up a release that has migrated beyond
					 the facility boundary where off-site access is denied. On-site measures to
					 address such releases will be determined on a case-by-case basis. Assurances of
					 financial responsibility for such corrective action must be provided.
(d) This section does not apply to
					 remediation waste management sites unless they are part of a facility subject
					 to a permit for treating, storing or disposing of hazardous wastes that are not
					 remediation wastes.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-264.110 - Applicability

Current through June, 2024
Except as § 264.1 provides otherwise:
(a) Sections 264.111 through 264.115 (which
					 concern closure) apply to the owners and operators of all hazardous waste
					 management facilities; and
(b)
					 Sections 264.116 through 264.120 (which concern post-closure care) apply to the
					 owners and operators of:
(1) All hazardous
					 waste disposal facilities;
(2)
					 Waste 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 § 264.228 or § 264.258;
(3) Tank systems that are required under
					 § 264.197 to meet the requirements for landfills; and
(4) Containment buildings that are required
					 under § 264.1102 to meet the requirement for landfills.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-264.111 - Closure performance standard

Current through June, 2024
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
					 constituents, leachate, contaminated run-off, or hazardous waste decomposition
					 products to the ground or surface waters or to the atmosphere; and
(c) Complies with the closure requirements of
					 this part, including, but not limited to, the requirements of §§
					 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through
					 264.603, and 264.1102.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-264.112 - Closure plan; amendment of plan

Current through June, 2024
(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 final
					 closure are required by §§ 264.228(c)(1)(i) and 264.258(c)(1)(i) to
					 have contingent closure plans. The plan must be submitted with the permit
					 application, in accordance with § 270.14(b)(13) of this chapter, and
					 approved by the director as part of the permit issuance procedures under part
					 124 of this chapter. In accordance with § 270.32 of this chapter, the
					 approved closure plan will become a condition of any RCRA permit.
(2) The Director's approval of the plan must
					 ensure that the approved closure plan is consistent with §§ 264.111
					 through 264.115 and the applicable requirements of subpart F of this part,
					 §§ 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351,
					 264.601, and 264.1102. Until final closure is completed and certified in
					 accordance with § 264.115, a copy of the approved plan and all approved
					 revisions must be furnished to the Director upon request, including requests by
					 mail.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-264.113 - Closure; time allowed for closure

Current through June, 2024
(a) Within 90 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 paragraphs (d) and (e) of this section, 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 paragraph will, of necessity, take
					 longer than 90 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 paragraphs (d) and (e) of this
					 section; 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart 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 §§ 264.197, 264.228,
						264.258, 264.280 or § 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 part 262 of this
						chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-264.115 - Certification of closure

Current through June, 2024
Within 60 days of completion of closure of each hazardous
						waste surface impoundment, waste pile, land treatment, and landfill unit, and
						within 60 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 a qualified Professional Engineer.
						Documentation supporting the 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 §
						264.143(i).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart 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 landfill 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 and local 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 subpart G
						regulations.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart 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 §§ 264.117
					 through 264.120 must begin after completion of closure of the unit and continue
					 for 30 years after that date and must consist of at least the following:
(i) Monitoring and reporting in accordance
					 with the requirements of subparts F, K, L, M, N, and X of this part;
					 and
(ii) Maintenance and monitoring
					 of waste containment systems in accordance with the requirements of subparts F,
					 K, L, M, N, and X of this part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart 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 §§ 264.228(c)(1)(ii) and 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
						§§ 264.228(c)(1)(ii) and 264.258(c)(1)(ii) must submit a post-closure
						plan to the director within 90 days from the date that the owner or operator or
						Regional administrator determines that the hazardous waste management unit must
						be closed as a landfill, subject to the requirements of §§ 264.117
						through 264.120. The plan must be submitted with the permit application, in
						accordance with § 270.14(b)(13) of this chapter, and approved by the
						director as part of the permit issuance procedures under part 124 of this
						chapter. In accordance with § 270.32 of this chapter, the approved
						post-closure plan will become a condition of any RCRA 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
					 subparts F, K, L, M, N, and X of this part 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 subparts F, K, L, M, N, and X of this part; and
(ii) The function of the monitoring equipment
					 in accordance with the requirements of subparts, F, K, L, M, N, and X of this
					 part; 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.
(4) For facilities where
					 the director has applied alternative requirements at a regulated unit under
					 §§ 264.90(f), 264.110(c), and/or §§ 264.140(d), either the
					 alternative requirements that apply to the regulated unit, or a reference to
					 the enforceable document containing those requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-264.119 - Post-closure notices

Current through June, 2024
(a) No later than
					 60 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 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 60 days of certification of
					 closure of the first hazardous waste disposal unit and within 60 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 40 CFR part 264 , subpart 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 §§
					 264.116 and 264.119(a) have been filed with the local 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-264.120 - Certification of completion of post-closure care

Current through June, 2024
No later than 60 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 a qualified
						Professional Engineer. Documentation supporting the 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 § 264.145(i).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - Financial Requirements › Section 11-264.140 - Applicability

Current through June, 2024
(a) The requirements of §§ 264.142,
					 264.143, and 264.147 through 264.151 apply to owners and operators of all
					 hazardous waste facilities, except as provided otherwise in this section or in
					 § 264.1.
(b) The requirements
					 of §§ 264.144 and 264.145 apply only to owners and operators 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
					 §§ 264.228 and 264.258;
(3) Tank systems that are required under
					 § 264.197 to meet the requirements for landfills; and
(4) Containment buildings that are required
					 under § 264.1102 to meet the requirements for landfills.