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 K - SURFACE IMPOUNDMENTS › Section 11-264-221 - Design and operating requirements

Current through June, 2024
(a) Any surface
				  impoundment that is not covered by subsection (c) or section 11-265-221 must
				  have a liner for all portions of the impoundment (except for existing portions
				  of such impoundments). The liner must be designed, constructed, and installed
				  to prevent any migration of wastes out of the impoundment to the adjacent
				  subsurface soil or ground water or surface water at any time during the active
				  life (including the closure period) of the impoundment. The liner may be
				  constructed of materials that may allow wastes to migrate into the liner (but
				  not into the adjacent subsurface soil or ground water or surface water) during
				  the active life of the facility, provided that the impoundment is closed in
				  accordance with paragraph 11-264-228(a)(1). For impoundments that will be
				  closed in accordance with paragraph 11-264-228(a)(2), the liner must be
				  constructed of materials that can prevent wastes from migrating into the liner
				  during the active life of the facility. The liner must be:
(1) Constructed of materials that have
				  appropriate chemical properties and sufficient strength and thickness to
				  prevent failure due to pressure gradients (including static head and external
				  hydrogeologic forces), physical contact with the waste or leachate to which
				  they are exposed, climatic conditions, the stress of installation, and the
				  stress of daily operation;
(2)
				  Placed upon a foundation or base capable of providing support to the liner and
				  resistance to pressure gradients above and below the liner to prevent failure
				  of the liner due to settlement, compression, or uplift; and
(3) Installed to cover all surrounding earth
				  likely to be in contact with the waste or leachate.
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 11-264-222 - Action leakage rate

Current through June, 2024
(a) The director
				  shall approve an action leakage rate for surface impoundment units subject to
				  subsection 11-264-221(c) or (d). The action leakage rate is the maximum design
				  flow rate that the leak detection system (LDS) can remove without the fluid
				  head on the bottom liner exceeding one foot. The action leakage rate must
				  include an adequate safety margin to allow for uncertainties in the design
				  (e.g., slope, hydraulic conductivity, thickness of drainage material),
				  construction, operation, and location of the LDS, waste and leachate
				  characteristics, likelihood and amounts of other sources of liquids in the LDS,
				  and proposed response actions (e.g., the action leakage rate must consider
				  decreases in the flow capacity of the system over time resulting from siltation
				  and clogging, rib layover and creep of synthetic components of the system,
				  overburden pressures, etc.)
(b) To
				  determine if the action leakage rate has been exceeded, the owner or operator
				  must convert the weekly or monthly flow rate from the monitoring data obtained
				  under subsection 11-264-226(d) to an average daily flow rate (gallons per acre
				  per day) for each sump. Unless the director approves a different calculation,
				  the average daily flow rate for each sump must be calculated weekly during the
				  active life and closure period, and if the unit is closed in accordance with
				  subsection 11-264-228(b), monthly during the post-closure care period when
				  monthly monitoring is required under subsection 11-264-226(d).
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 11-264-223 - Response actions

Current through June, 2024
(a) The owner or
				  operator of surface impoundment units subject to subsection 11-264-221(c) or
				  (d) must have an approved response action plan before receipt of waste. The
				  response action plan must set forth the actions to be taken if the action
				  leakage rate has been exceeded. At a minimum, the response action plan must
				  describe the actions specified in subsection (b).
(b) If the flow rate into the leak detection
				  system exceeds the action leakage rate for any sump, the owner or operator
				  must:
(1) Notify the director in writing of
				  the exceedence within seven days of the determination;
(2) Submit a preliminary written assessment
				  to the director within fourteen days of the determination, as to the amount of
				  liquids, likely sources of liquids, possible location, size, and cause of any
				  leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
				  location, size, and cause of any leak;
(4) Determine whether waste receipt should
				  cease or be curtailed, whether any waste should be removed from the unit for
				  inspection, repairs, or controls, and whether or not the unit should be
				  closed;
(5) Determine any other
				  short-term and longer-term actions to be taken to mitigate or stop any leaks;
				  and
(6) Within thirty days after
				  the notification that the action leakage rate has been exceeded, submit to the
				  director the results of the analyses specified in paragraphs (b)(3), (b)(4),
				  and (b)(5), the results of actions taken, and actions planned. Monthly
				  thereafter, as long as the flow rate in the leak detection system exceeds the
				  action leakage rate, the owner or operator must submit to the director a report
				  summarizing the results of any remedial actions taken and actions
				  planned.
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 11-264-224 - 11-264-225 - Reserved

Current through June, 2024
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 11-264-226 - Monitoring and inspection

Current through June, 2024
(a) During
				  construction and installation, liners (except in the case of existing portions
				  of surface impoundments exempt from subsection 11-264-221(a) ) and cover
				  systems (e.g., membranes, sheets, or coatings) must be inspected for
				  uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or
				  foreign materials). Immediately after construction or installation:
(1) Synthetic liners and covers must be
				  inspected to ensure tight seams and joints and the absence of tears, punctures,
				  or blisters; and
(2) Soil-based and
				  admixed liners and covers must be inspected for imperfections including lenses,
				  cracks, channels, root holes, or other structural non-uniformities that may
				  cause an increase in the permeability of the liner or cover.
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 11-264-227 - Emergency repairs; contingency plans

Current through June, 2024
(a) A surface
				  impoundment must be removed from service in accordance with subsection (b)
				  when:
(1) The level of liquids in the
				  impoundment suddenly drops and the drop is not known to be caused by changes in
				  the flows into or out of the impoundment; or
(2) The dike leaks.
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 11-264-228 - Closure and post-closure care

Current through June, 2024
(a) At closure, the
				  owner or operator must:
(1) Remove or
				  decontaminate all waste residues, contaminated containment system components
				  (liners, etc.), contaminated subsoils, and structures and equipment
				  contaminated with waste and leachate, and manage them as hazardous waste unless
				  subsection 11-261-3(d) applies; or
(2)
(i)
				  Eliminate free liquids by removing liquid wastes or solidifying the remaining
				  wastes and waste residues;
(ii)
				  Stabilize remaining wastes to a bearing capacity sufficient to support final
				  cover; and
(iii) Cover the surface
				  impoundment with a final cover designed and constructed to:
(A) Provide long-term minimization of the
				  migration of liquids through the closed impoundment;
(B) Function with minimum
				  maintenance;
(C) Promote drainage
				  and minimize erosion or abrasion of the final cover;
(D) Accommodate settling and subsidence so
				  that the cover's integrity is maintained; and
(E) Have a permeability less than or equal to
				  the permeability of any bottom liner system or natural subsoils
				  present.
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 11-264-229 - Special requirements for ignitable or reactive waste

Current through June, 2024
Ignitable or reactive waste must not be placed in a
					 surface impoundment, unless the waste and impoundment satisfy all applicable
					 requirements of chapter 11-268, and:
(a) The waste is treated, rendered, or mixed
				  before or immediately after placement in the impoundment so that:
(1) The resulting waste, mixture, or
				  dissolution of material no longer meets the definition of ignitable or reactive
				  waste under section 11-261-21 or section 11-261-23; and
(2) 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 K - SURFACE IMPOUNDMENTS › Section 11-264-230 - Special requirements for incompatible wastes

Current through June, 2024
Incompatible wastes, or incompatible wastes and materials,
					 (see Appendix V for examples) must not be placed in the same surface
					 impoundment, 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 K - SURFACE IMPOUNDMENTS › Section 11-264-231 - Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27

Current through June, 2024
(a) Hazardous Wastes FO20, FO21, FO22, FO23,
				  FO26, and FO27 must not be placed in a surface impoundment unless the owner or
				  operator operates the surface impoundment in accordance with a management plan
				  for these wastes that is approved by the director pursuant to the standards set
				  out in this subsection, and in accord with all other applicable requirements of
				  this chapter. The factors to be considered are:
(1) The volume, physical, and chemical
				  characteristics of the wastes, including their potential to migrate through
				  soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
				  and surrounding soils or other materials;
(3) The mobilizing properties of other
				  materials co-disposed with these wastes; and
(4) The effectiveness of additional
				  treatment, design, or monitoring techniques.
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 11-264-232 - Air emission standards

Current through June, 2024
The owner or operator shall manage all hazardous waste
					 placed in a surface impoundment in accordance with the applicable requirements
					 of subchapters 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 L - WASTE PILES › Section 11-264-250 - Applicability

Current through June, 2024
(a) The rules in this subchapter apply to
				  owners and operators of facilities that store or treat hazardous waste in
				  piles, except as section 11-264-1 provides otherwise.
(b) The rules in this subchapter do not apply
				  to owners or operators of waste piles that are closed with wastes left in
				  place. Such waste piles are subject to regulation under subchapter N
				  (Landfills).
(c) The owner or
				  operator of any waste pile that is inside or under a structure that provides
				  protection from precipitation so that neither run-off nor leachate is generated
				  is not subject to regulation under section 11-264-251 or under Subchapter F,
				  provided that:
(1) Liquids or materials
				  containing free liquids are not placed in the pile;
(2) The pile is protected from surface water
				  run-on by the structure or in some other manner;
(3) The pile is designed and operated to
				  control dispersal of the waste by wind, where necessary, by means other than
				  wetting; and
(4) The pile will not
				  generate leachate through decomposition or other reactions.
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 L - WASTE PILES › Section 11-264-251 - Design and operating requirements

Current through June, 2024
(a) A waste pile
				  (except for an existing portion of a waste pile) must have:
(1) A liner that is designed, constructed,
				  and installed to prevent any migration of wastes out of the pile into the
				  adjacent subsurface soil or ground water or surface water at any time during
				  the active life (including the closure period) of the waste pile. The liner may
				  be constructed of materials that may allow waste to migrate into the liner
				  itself (but not into the adjacent subsurface soil or ground water or surface
				  water) during the active life of the facility. The liner must be:
(i) Constructed of materials that have
				  appropriate chemical properties and sufficient strength and thickness to
				  prevent failure due to pressure gradients (including static head and external
				  hydrogeologic forces), physical contact with the waste or leachate to which
				  they are exposed, climatic conditions, the stress of installation, and the
				  stress of daily operation;
(ii)
				  Placed upon a foundation or base capable of providing support to the liner and
				  resistance to pressure gradients above and below the liner to prevent failure
				  of the liner due to settlement, compression, or uplift; and
(iii) Installed to cover all surrounding
				  earth likely to be in contact with the waste or leachate; 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 L - WASTE PILES › Section 11-264-252 - Action leakage rate

Current through June, 2024
(a) The director
				  shall approve an action leakage rate for waste pile units subject to subsection
				  11-264-251(c) or (d). The action leakage rate is the maximum design flow rate
				  that the leak detection system (LDS) can remove without the fluid head on the
				  bottom liner exceeding one foot. The action leakage rate must include an
				  adequate safety margin to allow for uncertainties in the design (e.g., slope,
				  hydraulic conductivity, thickness of drainage material), construction,
				  operation, and location of the LDS, waste and leachate characteristics,
				  likelihood and amounts of other sources of liquids in the LDS, and proposed
				  response actions (e.g., the action leakage rate must consider decreases in the
				  flow capacity of the system over time resulting from siltation and clogging,
				  rib layover and creep of synthetic components of the system, overburden
				  pressures, etc.)
(b) To determine
				  if the action leakage rate has been exceeded, the owner or operator must
				  convert the weekly flow rate from the monitoring data obtained under subsection
				  11-264-254(c) to an average daily flow rate (gallons per acre per day) for each
				  sump. Unless the director approves a different calculation, the average daily
				  flow rate for each sump must be calculated weekly during the active life and
				  closure 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 L - WASTE PILES › Section 11-264-253 - Response actions

Current through June, 2024
(a) The owner or
				  operator of surface impoundment units subject to subsection 11-264-251(c) or
				  (d) must have an approved response action plan before receipt of waste. The
				  response action plan must set forth the actions to be taken if the action
				  leakage rate has been exceeded. At a minimum, the response action plan must
				  describe the actions specified in subsection (b).
(b) If the flow rate into the leak detection
				  system exceeds the action leakage rate for any sump, the owner or operator
				  must:
(1) Notify the director in writing of
				  the exceedence within seven days of the determination;
(2) Submit a preliminary written assessment
				  to the director within fourteen days of the determination, as to the amount of
				  liquids, likely sources of liquids, possible location, size, and cause of any
				  leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
				  location, size, and cause of any leak;
(4) Determine whether waste receipt should
				  cease or be curtailed, whether any waste should be removed from the unit for
				  inspection, repair, or controls, and whether or not the unit should be
				  closed;
(5) Determine any other
				  short-term and longer-term actions to be taken to mitigate or stop any leaks;
				  and
(6) Within thirty days after
				  the notification that the action leakage rate has been exceeded, submit to the
				  director the results of the analyses specified in paragraphs (b)(3), (b)(4),
				  and (b)(5), the results of actions taken, and actions planned. Monthly
				  thereafter, as long as the flow rate in the leak detection system exceeds the
				  action leakage rate, the owner or operator must submit to the director a report
				  summarizing the results of any remedial actions taken and actions
				  planned.
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 L - WASTE PILES › Section 11-264-254 - Monitoring and inspection

Current through June, 2024
(a) During
				  construction or installation, liners (except in the case of existing portions
				  of piles exempt from subsection 11-264-251(a) ) and cover systems (e.g.,
				  membranes, sheets, or coatings) must be inspected for uniformity, damage, and
				  imperfections (e.g., holes, cracks, thin spots, or foreign materials).
				  Immediately after construction or installation:
(1) Synthetic liners and covers must be
				  inspected to ensure tight seams and joints and the absence of tears, punctures,
				  or blisters; and
(2) Soil-based and
				  admixed liners and covers must be inspected for imperfections including lenses,
				  cracks, channels, root holes, or other structural non-uniformities that may
				  cause an increase in the permeability of the liner or cover.
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 L - WASTE PILES › Section 11-264-256 - Special requirements for ignitable or reactive waste

Current through June, 2024
Ignitable or reactive waste must not be placed in a waste
					 pile unless the waste and waste pile satisfy all applicable requirements of
					 chapter
					 11-268, and:
(a) The waste is treated, rendered, or mixed
				  before or immediately after placement in the pile so that:
(1) The resulting waste, mixture, or
				  dissolution of material no longer meets the definition of ignitable or reactive
				  waste under section 11-261-21 or section 11-261-23; and
(2) 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 L - WASTE PILES › Section 11-264-257 - 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 pile, unless subsection 11-264-17(b)
				  is complied with.
(b) A pile of
				  hazardous waste that is incompatible with any waste or other material stored
				  nearby in containers, other 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.
(c)
				  Hazardous waste must not be piled on the same base where incompatible wastes or
				  materials were previously piled, unless the base has been decontaminated
				  sufficiently to ensure compliance with subsection 11-264-17(b).
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 L - WASTE PILES › Section 11-264-258 - Closure and post-closure care

Current through June, 2024
(a) At closure, the
				  owner or operator must remove or decontaminate all waste residues, contaminated
				  containment system components (liners, etc.), contaminated subsoils, and
				  structures and equipment contaminated with waste and leachate, and manage them
				  as hazardous waste unless subsection 11-261-3(d) applies.
(b) If, after removing or decontaminating all
				  residues and making all reasonable efforts to effect removal or decontamination
				  of contaminated components, subsoils, structures, and equipment as required in
				  subsection (a) , the owner or operator finds that not all contaminated subsoils
				  can be practicably removed or decontaminated, he must close the facility and
				  perform post-closure care in accordance with the closure and post-closure care
				  requirements that apply to landfills (section 11-264-310 ).
(c)
(1) The
				  owner or operator of a waste pile that does not comply with the liner
				  requirements of paragraph 11-264-251(a)(1) and is not exempt from them in
				  accordance with subsection 11-264-250(c) or subsection 11-264-251(b), must:
(i) Include in the closure plan for the pile
				  under section 11-264-112 both a plan for complying with subsection (a) and a
				  contingent plan for complying with subsection (b) in case not all contaminated
				  subsoils can be practicably removed at closure; and
(ii) Prepare a contingent post-closure plan
				  under section 11-264-118 for complying with subsection (b) in case not all
				  contaminated subsoils can be practicably removed at closure.
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 L - WASTE PILES › Section 11-264-259 - Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27

Current through June, 2024
(a) Hazardous Wastes FO20, FO21, FO22, FO23,
				  FO26, and FO27 must not be placed in waste piles that are not enclosed (as
				  defined in subsection 11-264-250(c) ) unless the owner or operator operates the
				  waste pile in accordance with a management plan for these wastes that is
				  approved by the director pursuant to the standards set out in this subsection,
				  and in accord with all other applicable requirements of this chapter. The
				  factors to be considered are:
(1) The volume,
				  physical, and chemical characteristics of the wastes, including their potential
				  to migrate through soil or to volatilize or escape into the
				  atmosphere;
(2) The attenuative
				  properties of underlying and surrounding soils or other materials;
(3) The mobilizing properties of other
				  materials co-disposed with these wastes; and
(4) The effectiveness of additional
				  treatment, design, or monitoring techniques.
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 M - LAND TREATMENT › Section 11-264-270 - Applicability

Current through June, 2024
The rules in this subchapter apply to owners and operators
					 of facilities that treat or dispose of hazardous waste in land treatment units,
					 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 M - LAND TREATMENT › Section 11-264-271 - Treatment program

Current through June, 2024
(a) An owner or
				  operator subject to this subchapter must establish a land treatment program
				  that is designed to ensure that hazardous constituents placed in or on the
				  treatment zone are degraded, transformed, or immobilized within the treatment
				  zone. The director will specify in the facility permit the elements of the
				  treatment program, including:
(1) The wastes
				  that are capable of being treated at the unit based on a demonstration under
				  section 11-264-272;
(2) Design
				  measures and operating practices necessary to maximize the success of
				  degradation, transformation, and immobilization processes in the treatment zone
				  in accordance with subsection 11-264-273(a); and
(3) Unsaturated zone monitoring provisions
				  meeting the requirements of section 11-264-278.
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 M - LAND TREATMENT › Section 11-264-272 - Treatment demonstration

Current through June, 2024
(a) For each waste
				  that will be applied to the treatment zone, the owner or operator must
				  demonstrate, prior to application of the waste, that hazardous constituents in
				  the waste can be completely degraded, transformed, or immobilized in the
				  treatment zone.
(b) In making this
				  demonstration, the owner or operator may use field tests, laboratory analyses,
				  available data, or, in the case of existing units, operating data. If the owner
				  or operator intends to conduct field tests or laboratory analyses in order to
				  make the demonstration required under subsection (a), he must obtain a
				  treatment or disposal permit under section 11-270-63. The director will specify
				  in this permit the testing, analytical, design, and operating requirements
				  (including the duration of the tests and analyses, and, in the case of field
				  tests, the horizontal and vertical dimensions of the treatment zone, monitoring
				  procedures, closure and clean-up activities) necessary to meet the requirements
				  in subsection (c).
(c) Any field
				  test or laboratory analysis conducted in order to make a demonstration under
				  subsection (a) must:
(1) Accurately simulate
				  the characteristics and operating conditions for the proposed land treatment
				  unit including:
(i) The characteristics of
				  the waste (including the presence of Appendix VIII of chapter 11-261
				  constituents);
(ii) The climate in
				  the area;
(iii) The topography of
				  the surrounding area;
(iv) The
				  characteristics of the soil in the treatment zone (including depth);
				  and
(v) The operating practices to
				  be used at the unit.
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 M - LAND TREATMENT › Section 11-264-273 - Design and operating requirements

Current through June, 2024
The director will specify in the facility permit how the
					 owner or operator will design, construct, operate, and maintain the land
					 treatment unit in compliance with this section.
(a) The owner or operator must design,
				  construct, operate, and maintain the unit to maximize the degradation,
				  transformation, and immobilization of hazardous constituents in the treatment
				  zone. The owner or operator must design, construct, operate, and maintain the
				  unit in accord with all design and operating conditions that were used in the
				  treatment demonstration under section 11-264-272. At a minimum, the director
				  will specify the following in the facility permit:
(1) The rate and method of waste application
				  to the treatment zone;
(2) Measures
				  to control soil pH;
(3) Measures to
				  enhance microbial or chemical reactions (e.g., fertilization, tilling);
				  and
(4) Measures to control the
				  moisture content of the treatment zone.
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 M - LAND TREATMENT › Section 11-264-274 - 11-264-275 - Reserved

Current through June, 2024
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 M - LAND TREATMENT › Section 11-264-276 - Food-chain crops

Current through June, 2024
The director may allow the growth of food-chain crops in
					 or on the treatment zone only if the owner or operator satisfies the conditions
					 of this section. The director will specify in the facility permit the specific
					 food-chain crops which may be grown.
(a)
(1) The
				  owner or operator must demonstrate that there is no substantial risk to human
				  health caused by the growth of such crops in or on the treatment zone by
				  demonstrating, prior to the planting of such crops, that hazardous constituents
				  other than cadmium:
(i) Will not be
				  transferred to the food or feed portions of the crop by plant uptake or direct
				  contact, and will not otherwise be ingested by food-chain animals (e.g., by
				  grazing); or
(ii) Will not occur in
				  greater concentrations in or on the food or feed portions of crops grown on the
				  treatment zone than in or on identical portions of the same crops grown on
				  untreated soils under similar conditions in the same region.
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 M - LAND TREATMENT › Section 11-264-278 - Unsaturated zone monitoring

Current through June, 2024
An owner or operator subject to this subchapter must
					 establish an unsaturated zone monitoring program to discharge the following
					 responsibilities:
(a) The owner or
				  operator must monitor the soil and soil-pore liquid to determine whether
				  hazardous constituents migrate out of the treatment zone.
(1) The director will specify the hazardous
				  constituents to be monitored in the facility permit. The hazardous constituents
				  to be monitored are those specified under subsection 11-264-271(b).
(2) The director may require monitoring for
				  principal hazardous constituents (PHCs) in lieu of the constituents specified
				  under subsection 11-264-271(b). PHCs are hazardous constituents contained in
				  the wastes to be applied at the unit that are the most difficult to treat,
				  considering the combined effects of degradation, transformation, and
				  immobilization. The director will establish PHCs if he finds, based on waste
				  analyses, treatment demonstrations, or other data, that effective degradation,
				  transformation, or immobilization of the PHCs will assure treatment at at least
				  equivalent levels for the other hazardous constituents in the wastes.
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 M - LAND TREATMENT › Section 11-264-279 - Recordkeeping

Current through June, 2024
The owner or operator must include hazardous waste
					 application dates and rates in the operating record required under section
					 11-264-73.
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 M - LAND TREATMENT › Section 11-264-280 - Closure and post-closure care

Current through June, 2024
(a) During the
				  closure period the owner or operator must:
(1) Continue all operations (including pH
				  control) necessary to maximize degradation, transformation, or immobilization
				  of hazardous constituents within the treatment zone as required under
				  subsection 11-264-273(a), except to the extent such measures are inconsistent
				  with paragraph (a)(8).
(2) Continue
				  all operations in the treatment zone to minimize run-off of hazardous
				  constituents as required under subsection 11-264-273(b);
(3) Maintain the run-on control system
				  required under subsection 11-264-273(c);
(4) Maintain the run-off management system
				  required under subsection 11-264-273(d);
(5) Control wind dispersal of hazardous waste
				  if required under subsection 11-264-273(f);
(6) Continue to comply with any prohibitions
				  or conditions concerning growth of food-chain crops under section
				  11-264-276;
(7) Continue
				  unsaturated zone monitoring in compliance with section 11-264-278, except that
				  soil-pore liquid monitoring may be terminated ninety days after the last
				  application of waste to the treatment zone; and
(8) Establish a vegetative cover on the
				  portion of the facility being closed at such time that the cover will not
				  substantially impede degradation, transformation, or immobilization of
				  hazardous constituents in the treatment zone. The vegetative cover must be
				  capable of maintaining growth without extensive maintenance.
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 M - LAND TREATMENT › Section 11-264-281 - Special requirements for ignitable or reactive waste

Current through June, 2024
The owner or operator must not apply ignitable or reactive
					 waste to the treatment zone unless the waste and the treatment zone meet all
					 applicable requirements of chapter
					 11-2
					 68, and:
(a) The waste is immediately
				  incorporated into the soil so that:
(1) The
				  resulting waste, mixture, or dissolution of material no longer meets the
				  definition of ignitable or reactive waste under section 11-261-21 or section
				  11-261-23; and
(2) 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 M - LAND TREATMENT › Section 11-264-282 - Special requirements for incompatible wastes

Current through June, 2024
The owner or operator must not place incompatible wastes,
					 or incompatible wastes and materials (see Appendix V for examples), in or on
					 the same treatment zone, 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 M - LAND TREATMENT › Section 11-264-283 - Special requirements for hazardous wastes FO20, FO21, FO22, FO23, FO26, and FO27

Current through June, 2024
(a) Hazardous Wastes FO20, FO21, FO22, FO23,
				  FO26 and, FO27 must not be placed in a land treatment unit unless the owner or
				  operator operates the facility in accordance with a management plan for these
				  wastes that is approved by the director pursuant to the standards set out in
				  this subsection, and in accord with all other applicable requirements of this
				  chapter. The factors to be considered are:
(1) The volume, physical, and chemical
				  characteristics of the wastes, including their potential to migrate through
				  soil or to volatilize or escape into the atmosphere;
(2) The attenuative properties of underlying
				  and surrounding soils or other materials;
(3) The mobilizing properties of other
				  materials co-disposed with these wastes; and
(4) The effectiveness of additional
				  treatment, design, or monitoring techniques.
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 N - LANDFILLS › Section 11-264-300 - Applicability

Current through June, 2024
The rules in this subchapter apply to owners and operators
					 of facilities that dispose of hazardous waste in landfills, 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 N - LANDFILLS › Section 11-264-301 - Design and operating requirements

Current through June, 2024
(a) Any landfill
				  that is not covered by subsection (c) or subsection 11-265-301(a) must have a
				  liner system for all portions of the landfill (except for existing portions of
				  such landfill). The liner system must have:
(1) A liner that is designed, constructed,
				  and installed to prevent any migration of wastes out of the landfill to the
				  adjacent subsurface soil or ground water or surface water at anytime during the
				  active life (including the closure period) of the landfill. The liner must be
				  constructed of materials that prevent wastes from passing into the liner during
				  the active life of the facility. The liner must be:
(i) Constructed of materials that have
				  appropriate chemical properties and sufficient strength and thickness to
				  prevent failure due to pressure gradients (including static head and external
				  hydrogeologic forces), physical contact with the waste or leachate to which
				  they are exposed, climatic conditions, the stress of installation, and the
				  stress of daily operation;
(ii)
				  Placed upon a foundation or base capable of providing support to the liner and
				  resistance to pressure gradients above and below the liner to prevent failure
				  of the liner due to settlement, compression, or uplift; and
(iii) Installed to cover all surrounding
				  earth likely to be in contact with the waste or leachate; 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 N - LANDFILLS › Section 11-264-302 - Action leakage rate

Current through June, 2024
(a) The director
				  shall approve an action leakage rate for landfill units subject to subsection
				  11-264-301(c) or (d). The action leakage rate is the maximum design flow rate
				  that the leak detection system (LDS) can remove without the fluid head on the
				  bottom liner exceeding one foot. The action leakage rate must include an
				  adequate safety margin to allow for uncertainties in the design (e.g., slope,
				  hydraulic conductivity, thickness of drainage material), construction,
				  operation, and location of the LDS, waste and leachate characteristics,
				  likelihood and amounts of other sources of liquids in the LDS, and proposed
				  response actions (e.g., the action leakage rate must consider decreases in the
				  flow capacity of the system over time resulting from siltation and clogging,
				  rib layover and creep of synthetic components of the system, overburden
				  pressures, etc.).
(b) To determine
				  if the action leakage rate has been exceeded, the owner or operator must
				  convert the weekly or monthly flow rate from the monitoring data obtained under
				  subsection 11-264-303(c) to an average daily flow rate (gallons per acre per
				  day) for each sump. Unless the director approves a different calculation, the
				  average daily flow rate for each sump must be calculated weekly during the
				  active life and closure period, and monthly during the post-closure care period
				  when monthly monitoring is required under subsection 11-264-303(c).
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 N - LANDFILLS › Section 11-264-303 - Monitoring and inspection

Current through June, 2024
(a) During
				  construction or installation, liners (except in the case of existing portions
				  of landfills exempt from subsection 11-264-301(a) ) and cover systems (e.g.,
				  membranes, sheets, or coatings) must be inspected for uniformity, damage, and
				  imperfections (e.g., holes, cracks, thin spots, or foreign materials).
				  Immediately after construction or installation:
(1) Synthetic liners and covers must be
				  inspected to ensure tight seams and joints and the absence of tears, punctures,
				  or blisters; and
(2) Soil-based and
				  admixed liners and covers must be inspected for imperfections including lenses,
				  cracks, channels, root holes, or other structural non-uniformities that may
				  cause an increase in the permeability of the liner or cover.
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 N - LANDFILLS › Section 11-264-304 - Response actions

Current through June, 2024
(a) The owner or
				  operator of landfill units subject to subsection 11-264-301(c) or (d) must have
				  an approved response action plan before receipt of waste. The response action
				  plan must set forth the actions to be taken if the action leakage rate has been
				  exceeded. At a minimum, the response action plan must describe the actions
				  specified in subsection (b).
(b) If
				  the flow rate into the leak detection system exceeds the action leakage rate
				  for any sump, the owner or operator must:
(1)
				  Notify the director in writing of the exceedence within seven days of the
				  determination;
(2) Submit a
				  preliminary written assessment to the director within fourteen days of the
				  determination, as to the amount of liquids, likely sources of liquids, possible
				  location, size, and cause of any leaks, and short-term actions taken and
				  planned;
(3) Determine to the
				  extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should
				  cease or be curtailed, whether any waste should be removed from the unit for
				  inspection, repairs, or controls, and whether or not the unit should be
				  closed;
(5) Determine any other
				  short-term and longer-term actions to be taken to mitigate or stop any leaks;
				  and
(6) Within thirty days after
				  the notification that the action leakage rate has been exceeded, submit to the
				  director the results of the analyses specified in paragraphs (b)(3), (b)(4),
				  and (b)(5), the results of actions taken, and actions planned. Monthly
				  thereafter, as long as the flow rate in the leak detection system exceeds the
				  action leakage rate, the owner or operator must submit to the director a report
				  summarizing the results of any remedial actions taken and actions
				  planned.
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 N - LANDFILLS › Section 11-264-305 - 11-264-308 - Reserved

Current through June, 2024