Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261.1 - HAZARDOUS WASTE MANAGEMENT: IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Part 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart D - Lists of Hazardous Wastes › Section 11-261.31 - Hazardous wastes from non-specific sources

Current through June, 2024
(a) The
					 following solid wastes are listed hazardous wastes from non-specific sources
					 unless they are excluded and listed in appendix IX.
See
						list in 40 CFR section 261.31
(b) Listing Specific Definitions:
(1) For the purposes of the F037 and F038
					 listings, oil/water/solids is defined as oil and/or water and/or
					 solids.
(2)
(i) For the purposes of the F037 and F038
					 listings, aggressive biological treatment units are defined as units which
					 employ one of the following four treatment methods: activated sludge; trickling
					 filter; rotating biological contactor for the continuous accelerated biological
					 oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system
					 of surface impoundments or tanks, in which intense mechanical aeration is used
					 to completely mix the wastes, enhance biological activity, and (A) the unit
					 employs a minimum of 6 hp per million gallons of treatment volume; and either
					 (B) the hydraulic retention time of the unit is no longer than 5 days; or (C)
					 the hydraulic retention time is no longer than 30 days and the unit does not
					 generate a sludge that is a hazardous waste by the Toxicity
					 Characteristic.
(ii) Generators and
					 treatment, storage and disposal facilities have the burden of proving that
					 their sludges are exempt from listing as F037 and F038 wastes under this
					 definition. Generators and treatment, storage and disposal facilities must
					 maintain, in their operating or other onsite records, documents and data
					 sufficient to prove that:
(A) the unit is an
					 aggressive biological treatment unit as defined in this subsection;
					 and
(B) the sludges sought to be
					 exempted from the definitions of F037 and/or F038 were actually generated in
					 the aggressive biological treatment unit.
(3)
(i) For
					 the purposes of the F037 listing, sludges are considered to be generated at the
					 moment of deposition in the unit, where deposition is defined as at least a
					 temporary cessation of lateral particle movement.
(ii) For the purposes of the F038 listing,
					 (A) sludges are considered to be generated at the moment of deposition in the
					 unit, where deposition is defined as at least a temporary cessation of lateral
					 particle movement and (B) floats are considered to be generated at the moment
					 they are formed in the top of the unit.
(4) For the purposes of the F019 listing, the
					 following apply to wastewater treatment sludges from the manufacturing of motor
					 vehicles using a zinc phosphating process.
(i) Motor vehicle manufacturing is defined to
					 include the manufacture of automobiles and light trucks/utility vehicles
					 (including light duty vans, pickup trucks, minivans, and sport utility
					 vehicles). Facilities must be engaged in manufacturing complete vehicles (body
					 and chassis or unibody) or chassis only.
(ii) Generators must maintain in their
					 on-site records documentation and information sufficient to prove that the
					 wastewater treatment sludges to be exempted from the F019 listing meet the
					 conditions of the listing. These records must include: the volume of waste
					 generated and disposed of off site; documentation showing when the waste
					 volumes were generated and sent off site; the name and address of the receiving
					 facility; and documentation confirming receipt of the waste by the receiving
					 facility. Generators must maintain these documents on site for no less than
					 three years. The retention period for the documentation is automatically
					 extended during the course of any enforcement action or as requested by the
					 Regional Administrator or director.