reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-265-170 - Applicability

Current through June, 2024
The rules in this subchapter apply to owners and operators
					 of all hazardous waste facilities that store containers of hazardous waste,
					 except as section
					 11-265-1 provides
					 otherwise.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-265-171 - Condition of containers

Current through June, 2024
If a container holding hazardous waste is not in good
					 condition, or if it begins to leak, the owner or operator must transfer the
					 hazardous waste from this container to a container that is in good condition,
					 or manage the waste in some other way that complies with the requirements of
					 this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-265-172 - Compatibility of waste with container

Current through June, 2024
The owner or operator must use a container made of or
					 lined with materials which will not react with, and are otherwise compatible
					 with, the hazardous waste to be stored, so that the ability of the container to
					 contain the waste is not impaired.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-265-173 - Management of containers

Current through June, 2024
(a) A container
				  holding hazardous waste must always be closed during storage, except when it is
				  necessary to add or remove waste.
(b) A container holding hazardous waste must
				  not be opened, handled, or stored in a manner which may rupture the container
				  or cause it to leak.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-265-174 - Inspections

Current through June, 2024
The owner or operator must inspect areas where containers
					 are stored, at least weekly, looking for leaks and for deterioration caused by
					 corrosion or other factors.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-265-175 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-265-176 - Special requirements for ignitable or reactive waste

Current through June, 2024
Containers holding ignitable or retentive waste must be
					 located at least fifteen meters (50 feet) from the facility's property
					 line.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-265-177 - Special requirements for incompatible wastes

Current through June, 2024
(a)
				  Incompatible wastes, or incompatible wastes and materials. (see Appendix V for
				  examples) must not be placed in the same container, unless subsection
				  11-265-17(b) is complied with.
(b)
				  Hazardous waste must not be placed in an unwashed container that previously
				  held an incompatible waste or material (see Appendix V for examples), unless
				  subsection 11-265-17(b) is complied with.
(c) A storage container holding a hazardous
				  waste that is incompatible with any waste or other materials stored nearby in
				  other containers, piles, open tanks, or surface impoundments must be separated
				  from the other materials or protected from them by means of a dike, berm, wall,
				  or other device.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter I - USE AND MANAGEMENT OF CONTAINERS › Section 11-265-178 - Air emission standards

Current through June, 2024
The owner or operator shall manage all hazardous waste
					 placed in a container in accordance with the applicable requirements of
					 subchapters AA, BB, and CC.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-190 - Applicability

Current through June, 2024
(a) Tank systems that are used to store or
				  treat hazardous waste which contains no free liquids and that are situated
				  inside a building with an impermeable floor are exempted from the requirements
				  in section 11-265-193. To demonstrate the absence or presence of free liquids
				  in the stored/treated waste, the following test must be used: Method 9095
				  (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid
				  Waste, Physical/Chemical Methods'' (EPA Publication SW-846), as incorporated by
				  reference in section 11-260-11.
(b)
				  Tank systems, including sumps, as defined in section 11-260-10, that serve as
				  part of a secondary containment system to collect or contain releases of
				  hazardous wastes are exempted from the requirements in subsection
				  11-265-193(a).
(c) Tanks, sumps,
				  and other collection devices used in conjunction with drip pads, as defined in
				  section 11-260-10 and regulated under subchapter W of chapter 11-265, must meet
				  the requirements of this subchapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-191 - Assessment of existing tank system's integrity

Current through June, 2024
(a) For each
				  existing tank system that does not have secondary containment meeting the
				  requirements of section 11-265-193, the owner or operator must determine that
				  the tank system is not leaking or is unfit for use. Except as provided in
				  subsection (c), the owner or operator must obtain and keep on file at the
				  facility a written assessment reviewed and certified by an independent,
				  qualified, registered professional engineer in accordance with subsection
				  11-270-11(d), that attests to the tank system's integrity by the effective date
				  of chapter 11-265.
(b) This
				  assessment must determine that the tank system is adequately designed and has
				  sufficient structural strength and compatibility with the waste(s) to be stored
				  or treated to ensure that it will not collapse, rupture, or fail. At a minimum,
				  this assessment must consider the following:
(1) Design standard(s), if available,
				  according to which the tank and ancillary equipment were constructed;
(2) Hazardous characteristics of the waste(s)
				  that have been or will be handled;
(3) Existing corrosion protection
				  measures;
(4) Documented age of the
				  tank system, if available, (otherwise, an estimate of the age); and
(5) Results of a leak test, internal
				  inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, this
				  assessment must consist of a leak test that is capable of taking into account
				  the effects of temperature variations, tank end deflection, vapor pockets, and
				  high water table effects,
(ii) For
				  other than non-enterable underground tanks and for ancillary equipment, this
				  assessment must be either a leak test, as described above, or an internal
				  inspection and/or other tank integrity examination certified by an independent,
				  qualified, registered professional engineer in accordance with subsection
				  11-270-11(d) that addresses cracks, leaks, corrosion, and erosion.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-193 - Containment and detection of releases

Current through June, 2024
(a) In order to
				  prevent the release of hazardous waste or hazardous constituents to the
				  environment, secondary containment that meets the requirements of this section
				  must be provided (except as provided in subsections (f) and (g)):
(1) For all new tank systems or components,
				  prior to their being put into service;
(2) For all existing tanks used to store or
				  treat EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027, by the
				  effective date of these rules;
(3)
				  For those existing tank systems of known and documentable age, by the effective
				  date of these rules or when the tank systems have reached 15 years of age,
				  whichever comes later;
(4) For
				  those existing tank systems for which the age cannot be documented, by January
				  12, 1995; but if the age of the facility is greater than seven years, secondary
				  containment must be provided by the time the facility reaches 15 years of age,
				  or by the effective date of these rules, whichever comes later;
(5) For those existing tank systems of known
				  and documentable age that store or treat materials that become hazardous wastes
				  subsequent to the effective date of these rules, within two years after the
				  date that the material becomes a hazardous waste under RCRA, or by the
				  effective date of these rules, or when the tank system has reached 15 years of
				  age, whichever comes later; and
(6)
				  For those existing tank systems for which the age cannot be documented that
				  store or treat materials that become hazardous wastes subsequent to the
				  effective date of these rules, within eight years after the date that the
				  material becomes a hazardous waste under RCRA, or by the effective date of
				  these rules, whichever comes later; but if the age of the facility is greater
				  than seven years, secondary containment must be provided by the time the
				  facility reaches 15 years of age, or within two years after the date that the
				  material becomes a hazardous waste under RCRA, or by the effective date of
				  these rules, whichever comes later.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-194 - General operating requirements

Current through June, 2024
(a) Hazardous
				  wastes or treatment reagents must not be placed in a tank system if they could
				  cause the tank, its ancillary equipment, or the secondary containment system to
				  rupture, leak, corrode, or otherwise fail.
(b) The owner or operator must use
				  appropriate controls and practices to prevent spills and overflows from tank or
				  secondary containment systems. These include at a minimum:
(1) Spill prevention controls (e.g , check
				  valves, dry discount couplings);
(2) Overfill prevention controls (e.g , level
				  sensing devices, high level alarms, automatic feed cutoff, or bypass to a
				  standby tank); and
(3) Maintenance
				  of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
				  wind action or by precipitation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-195 - Inspections

Current through June, 2024
(a) The owner or operator must inspect, where
				  present, at least once each operating day:
(1) Overfill/spill control equipment (e.g.,
				  waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that
				  it is in good working order;
(2)
				  The aboveground portions of the tank system, if any, to detect corrosion or
				  releases of waste;
(3) Data
				  gathered from monitoring equipment and leak-detection equipment, (e.g.,
				  pressure and temperature gauges, monitoring wells) to ensure that the tank
				  system is being operated according to its design; and
(4) The construction materials and the area
				  immediately surrounding the externally accessible portion of the tank system
				  including secondary containment structures (e.g., dikes) to detect erosion or
				  signs of releases of hazardous waste (e.g., wet spots, dead
				  vegetation);
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-196 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systems

Current through June, 2024
A tank system or secondary containment system from which
					 there has been a leak or spill, or which is unfit for use, must be removed from
					 service immediately, and the owner or operator must satisfy the following
					 requirements:
(a) Cessation of use;
				  prevent flow or addition of wastes. The owner or operator must immediately stop
				  the flow of hazardous waste into the tank system or secondary containment
				  system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or
				  secondary containment system.
(1) If the
				  release was from the tank system, the owner or operator must, within
				  twenty-four hours after detection of the leak or, if the owner or operator
				  demonstrates that that is not possible, at the earliest practicable time remove
				  as much of the waste as is necessary to prevent further release of hazardous
				  waste to the environment and to allow inspection and repair of the tank system
				  to be performed.
(2) If the release
				  was to a secondary containment system, all released materials must be removed
				  within twenty-four hours or in as timely a manner as is possible to prevent
				  harm to human health and the environment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-197 - Closure and post-closure care

Current through June, 2024
(a) At closure of a
				  tank system, the owner or operator must remove or decontaminate all waste
				  residues, contaminated containment system components (liners, etc.),
				  contaminated soils, and structures and equipment contaminated with waste, and
				  manage them as hazardous waste, unless subsection 11-261-3(d) applies. The
				  closure plan, closure activities, cost estimates for closure, and financial
				  responsibility for tank systems must meet all of the requirements specified in
				  subchapters G and H.
(b) If the
				  owner or operator demonstrates that not all contaminated soils can be
				  practicably removed or decontaminated as required in subsection (a), then the
				  owner or operator must close the tank system and perform post-closure care in
				  accordance with the closure and post-closure care requirements that apply to
				  landfills (section 11-265-310 ). In addition, for the purposes of closure,
				  post-closure, and financial responsibility, such a tank system is then
				  considered to be a landfill, and the owner or operator must meet all of the
				  requirements for landfills specified in subchapters G and H.
(c) If an owner or operator has a tank system
				  which does not have secondary containment that meets the requirements of
				  subsections 11-265-193(b) through (f) and which is not exempt from the
				  secondary containment requirements in accordance with subsection 11-265-193(g),
				  then,
(1) The closure plan for the tank
				  system must include both a plan for complying with subsection (a) and a
				  contingent plan for complying with subsection (b).
(2) A contingent post-closure plan for
				  complying with subsection (b) must be prepared and submitted as part of the
				  permit application.
(3) The cost
				  estimates calculated for closure and post-closure care must reflect the costs
				  of complying with the contingent closure plan and the contingent post-closure
				  plan, if these costs are greater than the costs of complying with the closure
				  plan prepared for the expected closure under subsection (a).
(4) Financial assurance must be based on the
				  cost estimates in paragraph (c)(3).
(5) For the purposes of the contingent
				  closure and post-closure plans, such a tank system is considered to be a
				  landfill, and the contingent plans must meet all of the closure, post-closure,
				  and financial responsibility requirements for landfills under subchapters G and
				  H.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-198 - Special requirements for ignitable or reactiv wastes

Current through June, 2024
(a)
				  Ignitable or reactive waste must not be placed in a tank system, unless:
(1) The waste is treated, rendered, or mixed
				  before or immediately after placement in the tank system so that:
(i) The resulting waste, mixture, or
				  dissolved material no longer meets the definition of ignitable or reactive
				  waste under section 11-261-21 or 11-261-23; and
(ii) Subsection 11-265-17(b) is complied
				  with; or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-199 - Special requirements for incompatible wastes

Current through June, 2024
(a)
				  Incompatible wastes, or incompatible waste and materials, must not be placed in
				  the same tank system, unless subsection 11-265-17(b) is complied
				  with.
(b) Hazardous waste must not
				  be placed in a tank system that has not been decontaminated and that previously
				  held an incompatible waste or material, unless subsection 11-265-17(b) is
				  complied with.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-200 - Waste analysis and trial tests

Current through June, 2024
In addition to performing the waste analysis required by
					 section 11-265-13, the owner or operator
					 must, whenever a tank system is to be used to treat chemically or to store a
					 hazardous waste that is substantially different from waste previously treated
					 or stored in that tank system; or treat chemically a hazardous waste with a
					 substantially different process than any previously used in that tank
					 system:
(a) Conduct waste analyses and
				  trial treatment or storage tests (e.g., bench-scale or pilot-plant scale
				  tests); or
(b) Obtain written,
				  documented information on similar waste under similar operating conditions to
				  show that the proposed treatment or storage will meet the requirements of
				  subsection 11-265-194(a).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-201 - Special requirements for generators of between one-hundred and one-thousand kilograms per month that accumulate hazardous waste in tanks

Current through June, 2024
(a) The requirements of this section apply to
				  small quantity generators of more than one-hundred kilograms but less than
				  one-thousand kilograms of hazardous waste in a calendar month, that accumulate
				  hazardous waste in tanks for less than one-hundred and eighty days (or
				  two-hundred and seventy days if the generator must ship the waste greater than
				  two-hundred miles), and do not accumulate over six-thousand kilograms on-site
				  at any time.
(b) Generators of
				  between one-hundred and one-thousand kilograms per month of hazardous waste
				  must comply with the following general operating requirements:
(1) Treatment or storage of hazardous waste
				  in tanks must comply with subsection 11-265-17(b).
(2) Hazardous wastes or treatment reagents
				  must not be placed in a tank if they could cause the tank or its inner liner to
				  rupture, leak, corrode, or otherwise fail before the end of its intended
				  life.
(3) Uncovered tanks must be
				  operated to ensure at least sixty centimeters (two feet) of freeboard, unless
				  the tank is equipped with a containment structure (e.g., dike or trench), a
				  drainage control system, or a diversion structure (e.g., standby tank) with a
				  capacity that equals or exceeds the volume of the top sixty centimeters (two
				  feet) of the tank.
(4) Where
				  hazardous waste is continuously fed into a tank, the tank must be equipped with
				  a means to stop this inflow (e.g., waste feed cutoff system or by-pass system
				  to a stand-by tank).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter J - TANK SYSTEMS › Section 11-265-202 - Air emission standards

Current through June, 2024
The owner or operator shall manage all hazardous waste
					 placed in a tank in accordance with the applicable requirements of subchapters
					 AA, BB, and CC.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-220 - Applicability

Current through June, 2024
The rules in this subchapter apply to owners and operators
					 of facilities that use surface impoundments to treat, store, or dispose of
					 hazardous waste, except as section
					 11-265-1 provides
					 otherwise.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-220.1 - Interim status surface impoundments

Current through June, 2024
(a) Except as
				  provided in subsection (c), (d), or (e), an interim status surface impoundment
				  shall not receive, store, or treat hazardous waste unless such surface
				  impoundment is in compliance with the requirements of
				  42
				  U.S.C. section 6924(o)(1)(A)
				  (1994) which would apply to such impoundment if it were new.
(b) Owners and operators of interim status
				  surface impoundments shall comply with subsection (a) by the following dates:
(1) Each surface impoundment required by
				  42
				  U.S.C. section 6925(j)(1) to
				  be in compliance with the requirements of
				  42
				  U.S.C. §
												6924(o)(1)(A)
				  on or before the effective date of the State rules, shall be in compliance with
				  those requirements by the effective date of the State rules.
(2) In the case of any surface impoundment
				  which becomes subject to subsection (a) after the effective date of the State
				  rules due to the promulgation of additional listings or characteristics for the
				  identification of hazardous waste under section 11-261-10 or 11-261-11, the
				  period for compliance shall be four years after the date of such promulgation,
				  the period for demonstrations under subsection (e) and for submission of
				  evidence under subsection (f) shall be not later than twenty-four months after
				  the date of such promulgation, and the period for the director to advise such
				  owners or operators under subsection (f) shall be not later than thirty-six
				  months after the date of promulgation.
(3) On or after the effective date of the
				  State rules, in any case in which a surface impoundment is initially determined
				  to be excluded from the requirements of subsection (a) but due to a change in
				  condition (including the existence of a leak) no longer satisfies the
				  provisions of subsection (c), (d), or (e) and therefore becomes subject to
				  subsection (a), the period for compliance with subsection (a) shall be two
				  years after the date of discovery of such change of condition, or in the case
				  of a surface impoundment excluded under subsection (d) three years after such
				  date of discovery.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-221 - Design and operating requirements

Current through June, 2024
(a) The owner or
				  operator of each new surface impoundment unit on which construction commences
				  after January 29, 1992, each lateral expansion of a surface impoundment unit on
				  which construction commences after July 29, 1992, and each replacement of an
				  existing surface impoundment unit that is to commence reuse after July 29, 1992
				  must install two or more liners and a leachate collection and removal system
				  between such liners, and operate the leachate collection and removal system, in
				  accordance with subsection 11-264-221(c), unless exempted under subsection
				  11-264-221(d), (e), or (f). "Construction commences" is as defined in section
				  11-260-10 under "existing facility".
(b) The owner or operator of each unit
				  referred to in subsection (a) must notify the director at least sixty days
				  prior to receiving waste. The owner or operator of each facility submitting
				  notice must file a Part B application within six months of the receipt of such
				  notice.
(c) The owner or operator
				  of any replacement surface impoundment unit is exempt from subsection (a) if:
(1) The existing unit was constructed in
				  compliance with the design standards of § 3004 (o) (1) (A) (i) and (o) (5)
				  of the Resource Conservation and Recovery Act (1984); and
(2) There is no reason to believe that the
				  liner is not functioning as designed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-222 - Action leakage rate

Current through June, 2024
(a) The owner or
				  operator of surface impoundment units subject to subsection 11-265-221(a) must
				  submit a proposed action leakage rate to the director when submitting the
				  notice required under subsection 11-265-221(b). Within sixty days of receipt of
				  the notification, the director will: Establish an action leakage rate, either
				  as proposed by the owner or operator or modified using the criteria in this
				  section; or extend the review period for up to thirty days. If no action is
				  taken by the director before the original sixty or extended ninety day review
				  periods, the action leakage rate will be approved as proposed by the owner or
				  operator.
(b) The director shall
				  approve an action leakage rate for surface impoundment units subject to
				  subsection 11-265-221(a).
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.).
(c) 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 11-265-226(b), 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 closes in accordance with
				  paragraph 11-265-228(a)(2), monthly during the post-closure care period when
				  monthly monitoring is required under subsection 11-265-226(b).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-222.1 - Containment system

Current through June, 2024
All earthen dikes must have a protective cover, such as
					 grass, shale, or rock, to minimize wind and water erosion and to preserve their
					 structural integrity.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-223 - Response actions

Current through June, 2024
(a) The owner or
				  operator of surface impoundment units subject to subsection 11-265-221(a) must
				  submit a response action plan to the director when submitting the proposed
				  action leakage rate under section 11-265-222. 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 exceedance 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 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-224 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-225 - Waste analysis and trial tests

Current through June, 2024
(a) In addition to
				  the waste analyses required by section 11-265-13, whenever a surface
				  impoundment is to be used to:
(1) Chemically
				  treat a hazardous waste which is substantially different from waste previously
				  treated in that impoundment; or
(2)
				  Chemically treat hazardous waste with a substantially different process than
				  any previously used in that impoundment; the owner or operator must, before
				  treating the different waste or using the different process:
(i) Conduct waste analyses and trial
				  treatment tests (e.g., bench scale or pilot plant scale tests); or
(ii) Obtain written, documented information
				  on similar treatment of similar waste under similar operating conditions; to
				  show that this treatment will comply with subsection 11-265-17(b).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-226 - Monitoring and inspection

Current through June, 2024
(a) The owner or
				  operator must inspect:
(1) The freeboard
				  level at least once each operating day to ensure compliance with section
				  11-265-222, and
(2) The surface
				  impoundment, including dikes and vegetation surrounding the dike, at least once
				  a week to detect any leaks, deterioration, or failures in the
				  impoundment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-227 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-228 - 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) Close the impoundment and provide
				  post-closure care for a landfill under subchapter G and section 11-265-310,
				  including the following:
(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 the 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 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 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-229 - 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 11-265-17(b) is complied with;
				  or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-230 - 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
					 11-265-17(b) is
					 complied with.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter K - SURFACE IMPOUNDMENTS › Section 11-265-231 - 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 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter L - WASTE PILES › Section 11-265-250 - Applicability

Current through June, 2024
The rules in this subchapter apply to owners and operators
					 of facilities that treat or store hazardous waste in piles, except as section
					 11-265-1 provides otherwise.
					 Alternatively, a pile of hazardous waste may be managed as a landfill under
					 subchapter N.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter L - WASTE PILES › Section 11-265-251 - Protection from wind

Current through June, 2024
The owner or operator of a pile containing hazardous waste
					 which could be subject to dispersal by wind must cover or otherwise manage the
					 pile so that wind dispersal is controlled.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter L - WASTE PILES › Section 11-265-252 - Waste analysis

Current through June, 2024
In addition to the waste analyses required by section
					 11-265-13, the owner or operator
					 must analyze a representative sample of waste from each incoming movement
					 before adding the waste to any existing pile, unless:
(1) The only wastes the facility receives
				  which are amenable to piling are compatible with each other; or
(2) The waste received is compatible with the
				  waste in the pile to which it is to be added.
The analysis conducted must be capable of differentiating
					 between the types of hazardous waste the owner or operator places in piles, so
					 that mixing of incompatible waste does not inadvertently occur. The analysis
					 must include a visual comparison of color and texture.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter L - WASTE PILES › Section 11-265-253 - Containment

Current through June, 2024
If leachate or run-off from a pile is a hazardous waste,
					 then either:
(a)
(1) The pile must be placed on an impermeable
				  base that is compatible with the waste under the conditions of treatment or
				  storage;
(2) The owner or operator
				  must design, construct, operate, and maintain a run-on control system capable
				  of preventing flow onto the active portion of the pile during peak discharge
				  from at least a twenty-five year storm;
(3) The owner or operator must design,
				  construct, operate, and maintain a run-off management system to collect and
				  control at least the water volume resulting from a twenty-four hour,
				  twenty-five year storm; and
(4)
				  Collection and holding facilities (e.g., tanks or basins) associated with
				  run-on and run-off control systems must be emptied or otherwise managed
				  expeditiously to maintain design capacity of the system; or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter L - WASTE PILES › Section 11-265-254 - Design and operating requirements

Current through June, 2024
The owner or operator of each new waste pile on which
					 construction commences after January 29, 1992, each lateral expansion of a
					 waste pile unit on which construction commences after July 29, 1992, and each
					 such replacement of an existing waste pile unit that is to commence reuse after
					 July 29, 1992 must install two or more liners and a leachate collection and
					 removal system above and between such liners, and operate the leachate
					 collection and removal systems, in accordance with subsection
					 11-264-251(c),
					 unless exempted under subsection
					 11-264-251(d) , (e), or
					 (f); and must comply with the procedures of
					 subsection
					 11-265-221(b).
					 "Construction commences" is as defined in section
					 11-260-10 under "existing
					 facility".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265 - HAZARDOUS WASTE MANAGEMENT INTERIM STATUS STANDARDS FOR OWNERS OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES › Subchapter L - WASTE PILES › Section 11-265-255 - Action leakage rates

Current through June, 2024
(a) The owner or
				  operator of waste pile units subject to section 11-265-254 must submit a
				  proposed action leakage rate to the director when submitting the notice
				  required under section 11-265-254. Within 60 days of receipt of the
				  notification, the director will: Establish an action leakage rate, either as
				  proposed by the owner or operator or modified using the criteria in this
				  section; or extend the review period for up to 30 days. If no action is taken
				  by the director before the original 60 or extended 90 day review periods, the
				  action leakage rate will be approved as proposed by the owner or
				  operator.
(b) The director shall
				  approve an action leakage rate for waste pile units subject to section
				  11-265-254. 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 1 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.).
(c) 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 section 11-265-260, 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.