Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 268.1 - HAZARDOUS WASTE MANAGEMENT: LAND DISPOSAL RESTRICTIONS › Part 268 - LAND DISPOSAL RESTRICTIONS › Subpart A - General › Section 11-268.4 - Treatment surface impoundment exemption

Current through June, 2024
(a) Wastes which
					 are otherwise prohibited from land disposal under this part may be treated in a
					 surface impoundment or series of impoundments provided that:
(1) Treatment of such wastes occurs in the
					 impoundments;
(2) The following
					 conditions are met:
(i) Sampling and testing.
					 For wastes with treatment standards in subpart D of this part and/or
					 prohibition levels in subpart C of this part or RCRA section 3004(d), the
					 residues from treatment are analyzed, as specified in § 268.7 or §
					 268.32, to determine if they meet the applicable treatment standards or where
					 no treatment standards have been established for the waste, the applicable
					 prohibition levels. The sampling method, specified in the waste analysis plan
					 under § 264.13 or § 265.13, must be designed such that representative
					 samples of the sludge and the supernatant are tested separately rather than
					 mixed to form homogeneous samples.
(ii) Removal. The following treatment
					 residues (including any liquid waste) must be removed at least annually;
					 residues which do not meet the treatment standards promulgated under subpart D
					 of this part; residues which do not meet the prohibition levels established
					 under subpart C of this part or imposed by statute (where no treatment
					 standards have been established); residues which are from the treatment of
					 wastes prohibited from land disposal under subpart C of this part (where no
					 treatment standards have been established and no prohibition levels apply); or
					 residues from managing listed wastes which are not delisted. If the volume of
					 liquid flowing through the impoundment or series of impoundments annually is
					 greater than the volume of the impoundment or impoundments, this flow-through
					 constitutes removal of the supernatant for the purpose of this
					 requirement.
(iii) Subsequent
					 management. Treatment residues may not be placed in any other surface
					 impoundment for subsequent management.
(iv) Recordkeeping. Sampling and testing and
					 recordkeeping provisions of §§ 264.13 and 265.13 of this chapter
					 apply.
(3) The
					 impoundment meets the design requirements of § 264.221(c) or §
					 265.221(a) of this chapter, regardless that the unit may not be new, expanded,
					 or a replacement, and be in compliance with applicable ground water monitoring
					 requirements of subpart F of part 264 or part 265 of this chapter unless:
(i) Exempted pursuant to § 264.221 (d)
					 or (e) of this chapter, or to § 265.221 (c) or (d) of this chapter;
					 or,
(ii) Upon application by the
					 owner or operator, the director, after notice and an opportunity to comment,
					 has granted a waiver of the requirements on the basis that the surface
					 impoundment:
(A) Has at least one liner, for
					 which there is no evidence that such liner is leaking;
(B) Is located more than one-quarter mile
					 from an underground source of drinking water; and
(C) Is in compliance with generally
					 applicable ground water monitoring requirements for facilities with permits;
					 or,
(iii) Upon
					 application by the owner or operator, the director, after notice and an
					 opportunity to comment, has granted a modification to the requirements on the
					 basis of a demonstration that the surface impoundment is located, designed, and
					 operated so as to assure that there will be no migration of any hazardous
					 constituent into ground water or surface water at any future time.
(4) The owner or operator submits
					 to the director a written certification that the requirements of §
					 268.4(a)(3) have been met. The following certification is required: "I certify
					 under penalty of law that the requirements of
					 40 CFR
					 268.4(a)(3) have been met
					 for all surface impoundments being used to treat restricted wastes. I believe
					 that the submitted information is true, accurate, and complete. I am aware that
					 there are significant penalties for submitting false information, including the
					 possibility of fine and imprisonment."