Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-262-10 - Purpose, scope, and applicability

Current through June, 2024
(a) This chapter
				  establishes standards for generators of hazardous waste. Chapters 11-260
				  through 11-280 govern hazardous waste management in the State. Reference to the
				  other chapters may be necessary, specifically chapters 11-260 and 11-261 which
				  are essential for defining terms and determining if hazardous waste is being
				  generated.
(b) Sections 11-261-5(c)
				  and (d) must be used to determine the applicability of provisions of this
				  chapter that are dependent on calculations of the quantity of hazardous waste
				  generated per month.
(c) A
				  generator who treats, stores, or disposes of hazardous waste on-site must only
				  comply with the following sections and subsections of this chapter with respect
				  to that waste: section 11-262-11 for determining whether or not the generator
				  has a hazardous waste, section 11-262-12 for obtaining an EPA identification
				  number, section 11-262-34 for accumulation of hazardous waste, subsections
				  11-262-40(c) and (d) for recordkeeping, section 11-262-43 for additional
				  reporting, and if applicable, section 11-262-70 for farmers.
(d) Any person who exports or imports
				  hazardous waste subject to the federal manifesting requirements of 40 CFR Part
				  262, or subject to the universal waste management standards of 40 CFR Part 273,
				  or subject to chapter 11-273, to or from the countries listed in section
				  11-262-58(a)(1) for recovery must comply with subchapter H.
(e) Any person who imports hazardous waste
				  from outside of the United States into the State must comply with the standards
				  applicable to generators established in this chapter.
(f) A farmer who generates waste pesticides
				  which are hazardous waste and who complies with all of the requirements of
				  section 11-262-70 is not required to comply with other standards in this
				  chapter, or chapter 11-270, 11-264, 11-265, or 11-268 with respect to such
				  pesticides.
(g) A person who
				  generates a hazardous waste as defined by chapter 11-261 is subject to the
				  compliance requirements and penalties prescribed in sections
				  342J-7 and
				  342J-9, HRS if the
				  generator does not comply with the requirements of this chapter.
(h) An owner or operator who initiates a
				  shipment of hazardous waste from a treatment, storage, or disposal facility
				  must comply with the generator standards established in this chapter.
(i) Persons responding to an explosives or
				  munitions emergency in accordance with section 11-264-1(g)(8)(i)(D) or (iv) or
				  section 11-265-1(c)(11)(i)(D) or (iv), and section 11-270-1(c)(3)(i)(D) or
				  (iii) are not required to comply with the standards of this chapter.
(j) All references in tables and appendices
				  to provisions of the Code of Federal Regulations shall be construed to mean the
				  State rule analogue of the referenced federal regulation (for example,
				  40 CFR
				  260.1 shall be construed to mean section
				  11-260-1 of the Hawaii Administrative Rules).
Note 1: The provisions of section 11-262-34 are applicable
					 to the on-site accumulation of hazardous waste by generators. Therefore, the
					 provisions of section 11-262-34 only apply to owners or operators who are
					 shipping hazardous waste which they generated at that facility.
Note 2: A generator who treats, stores, or disposes of
					 hazardous waste on-site must comply with the applicable standards and permit
					 requirements set forth in chapters 11-264, 11-265, 11-266, 11-268, and
					 11-270.