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 D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-265-52 - Content of contingency plan

Current through June, 2024
(a) The contingency
				  plan must describe the actions facility personnel must take to comply with
				  sections 11-265-51 and 11-265-56 in response to fires, explosions, or any
				  unplanned sudden or non-sudden release of hazardous waste or hazardous waste
				  constituents to air, soil, or surface water at the facility.
(b) If the owner or operator has already
				  prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in
				  accordance with 40 CFR Part 112, or some other emergency or contingency plan,
				  he need only amend that plan to incorporate hazardous waste management
				  provisions that are sufficient to comply with the requirements of this
				  chapter.
(c) The plan must describe
				  arrangements agreed to by county police departments, fire departments,
				  hospitals, contractors, and State and county emergency response teams to
				  coordinate emergency services, pursuant to section 11-265-37.
(d) The plan must list names, addresses, and
				  phone numbers (office and home) of all persons qualified to act as emergency
				  coordinator (see section 11-265-55 ), and this list must be kept up to date.
				  Where more than one person is listed, one must be named as primary emergency
				  coordinator and others must be listed in the order in which they will assume
				  responsibility as alternates.
(e)
				  The plan must include a list of all emergency equipment at the facility (such
				  as fire extinguishing systems, spill control equipment, communications and
				  alarm systems (internal and external), and decontamination equipment), where
				  this equipment is required. This list must be kept up to date. In addition, the
				  plan must include the location and a physical description of each item on the
				  list, and a brief outline of its capabilities.
(f) The plan must include an evacuation plan
				  for facility personnel where there is a possibility that evacuation could be
				  necessary. This plan must describe signal(s) to be used to begin evacuation,
				  evacuation routes, and alternate evacuation routes (in cases where the primary
				  routes could be blocked by releases of hazardous waste or fires).
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 D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-265-53 - Copies of contingency plan

Current through June, 2024
A copy of the contingency plan and all revisions to the
					 plan must be:
(a) Maintained at the
				  facility; and
(b) Submitted to all
				  county police departments, fire departments, hospitals, and State and county
				  emergency response teams that may be called upon to provide emergency
				  services.
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 D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-265-54 - Amendment of contingency plan

Current through June, 2024
The contingency plan must be reviewed, and immediately
					 amended, if necessary, whenever:
(a)
				  Applicable regulations are revised;
(b) The plan fails in an emergency;
(c) The facility changes -- in its design,
				  construction, operation, maintenance, or other circumstances -- in a way that
				  materially increases the potential for fires, explosions, or releases of
				  hazardous waste or hazardous waste constituents, or changes the response
				  necessary in an emergency;
(d) The
				  list of emergency coordinators changes; or
(e) The list of emergency equipment
				  changes.
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 D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-265-55 - Emergency coordinator

Current through June, 2024
At all times, there must be at least one employee either
					 on the facility premises or on call (i.e., available to respond to an emergency
					 by reaching the facility within a short period of time) with the responsibility
					 for coordinating all emergency response measures. This emergency coordinator
					 must be thoroughly familiar with all aspects of the facility's contingency
					 plan, all operations and activities at the facility, the location and
					 characteristics of waste handled, the location of all records within the
					 facility, and the facility layout. In addition, this person must have the
					 authority to commit the resources needed to carry out the contingency
					 plan.
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 D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-265-56 - Emergency procedures

Current through June, 2024
(a) Whenever there
				  is an imminent or actual emergency situation, the emergency coordinator (or his
				  designee when the emergency coordinator is on call) must immediately:
(1) Activate internal facility alarms or
				  communication systems, where applicable, to notify all facility personnel;
				  and
(2) Notify appropriate State or
				  county agencies with designated response roles if their help is
				  needed.
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 E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-265-70 - Applicability

Current through June, 2024
The rules in this subchapter apply to owners and operators
					 of both on-site and off-site facilities, except as section
					 11-265-1 provides otherwise.
					 Sections 11-265-71,
					 11-265-72, and
					 11-265-76 do not apply to owners
					 and operators of on-site facilities that do not receive any hazardous waste
					 from off-site sources, and to owners and operators of off-site facilities with
					 respect to waste military munitions exempted from manifest requirements under
					 section 11-266-203(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 E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-265-71 - Use of manifest system

Current through June, 2024
(a) If a facility
				  receives hazardous waste accompanied by a manifest, the owner or operator, or
				  his agent, must:
(1) Sign and date each copy
				  of the manifest to certify that the hazardous waste covered by the manifest was
				  received;
(2) Note any significant
				  discrepancies in the manifest (as defined in subsection 11-265-72(a) ) on each
				  copy of the manifest;
(Comment: The department does not intend that the owner or
					 operator of a facility whose procedures under section 11-265-13(c) include
					 waste analysis must perform that analysis before signing the manifest and
					 giving it to the transporter. Subsection 11-265-72(b), however, requires
					 reporting an unreconciled discrepancy discovered during later analysis.)
(3) Immediately give the
				  transporter at least one copy of the signed manifest;
(4) Within thirty days after the delivery,
				  send a copy of the manifest to the generator; and
(5) Retain at the facility a copy of each
				  manifest for at least three years from the date of delivery.
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 E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-265-72 - Manifest discrepancies

Current through June, 2024
(a) Manifest
				  discrepancies are differences between the quantity or type of hazardous waste
				  designated on the manifest or shipping paper, and the quantity or type of
				  hazardous waste a facility actually receives. Significant discrepancies in
				  quantity are:
(1) For bulk waste, variations
				  greater than ten percent in weight; and
(2) For batch waste, any variation in piece
				  count, such as a discrepancy of one drum in a truckload.
Significant discrepancies in type are obvious differences
					 which can be discovered by inspection or waste analysis, such as waste solvent
					 substituted for waste acid, or toxic constituents not reported on the manifest
					 or shipping paper.
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 E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-265-74 - Availability, retention, and disposition of records

Current through June, 2024
(a) All
				  records, including plans, required under this chapter must be furnished upon
				  request, and made available at all reasonable times for inspection, by any
				  officer, employee, or representative of the department who is duly designated
				  by the director.
(b) The retention
				  period for all records required under this chapter is extended automatically
				  during the course of any unresolved enforcement action regarding the facility
				  or as requested by the director.
(c) A copy of records of waste disposal
				  locations and quantities under paragraph 11-265-73(b)(2) must be submitted to
				  the director and county land authority upon closure of the facility (see
				  section 11-265-119 ).
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 E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-265-75 - Biennial report

Current through June, 2024
The owner or operator must prepare and submit a single
					 copy of a biennial report to the director by March 1 of each even numbered
					 year. The biennial report must be submitted on EPA Form 8700-13B (see Appendix
					 VI). The report must cover facility activities during the previous calendar
					 year and must include the following information:
(a) The EPA identification number, name, and
				  address of the facility;
(b) The
				  calendar year covered by the report;
(c) For off-site facilities, the EPA
				  identification number of each hazardous waste generator from which the facility
				  received a hazardous waste during the year; for imported shipments, the report
				  must give the name and address of the foreign generator;
(d) A description and the quantity of each
				  hazardous waste the facility received during the year. For off-site facilities,
				  this information must be listed by EPA identification number of each
				  generator;
(e) The method of
				  treatment, storage, or disposal for each hazardous waste;
(f) Monitoring data under subparagraphs
				  11-265-94(a) (2) (ii) and (iii), and paragraph 11-265-94(b)(2), where
				  required;
(g) The most recent
				  closure cost estimate under section 11-265-142, and, for disposal facilities,
				  the most recent post-closure cost estimate under section 11-265-144;
				  and
(h) For generators who treat,
				  store, or dispose of hazardous waste on-site, a description of the efforts
				  undertaken during the year to reduce the volume and toxicity of waste
				  generated.
(i) For generators who
				  treat, store, or dispose of hazardous waste on-site, a description of the
				  changes in volume and toxicity of waste actually achieved during the year in
				  comparison to previous years to the extent such information is available for
				  the years prior to 1984.
(j) The
				  certification signed by the owner or operator of the facility or his authorized
				  representative.
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 E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-265-76 - Unmanifested waste report

Current through June, 2024
If a facility accepts for treatment, storage, or disposal
					 any hazardous waste from an off-site source without an accompanying manifest,
					 or without an accompanying shipping paper as described in paragraph
					 11-263-20(e)(2),
					 and if the waste is not excluded from the manifest requirement by section
					 11-261-5, then the owner or
					 operator must prepare and submit a single copy of a report to the director
					 within fifteen days after receiving the waste. The unmanifested waste report
					 must be submitted on EPA form 8700-13B. Such report must be designated
					 "Unmanifested Waste Report' and include the following information:
(a) The EPA identification number, name, and
				  address of the facility;
(b) The
				  date the facility received the waste;
(c) The EPA identification number, name, and
				  address of the generator and the transporter, if available;
(d) A description and the quantity of each
				  unmanifested hazardous waste the facility received;
(e) The method of treatment, storage, or
				  disposal for each hazardous waste;
(f) The certification signed by the owner or
				  operator of the facility or his authorized representative; and
(g) A brief explanation of why the waste was
				  unmanifested, if known.
[Comment: Small quantities of hazardous waste are excluded
					 from regulation under this chapter and do not require a manifest. Where a
					 facility receives unmanifested hazardous wastes, the department suggests that
					 the owner or operator obtain from each generator a certification that the waste
					 qualifies for exclusion. Otherwise, the department suggests that the owner or
					 operator file an unmanifested waste report for the hazardous waste
					 movement.]
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 E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-265-77 - Additional reports

Current through June, 2024
In addition to submitting the biennial report and
					 unmanifested waste reports described in sections
					 11-265-75 and
					 11-265-76, the owner or operator
					 must also report to the director:
(a)
				  Releases, fires, and explosions as specified in subsection
				  11-265-56(j);
(b) Ground-water
				  contamination and monitoring data as specified in sections 11-265-93 and
				  11-265-94; and
(c) Facility closure
				  as specified in section 11-265-115.
(d) As otherwise required by 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 F - GROUND-WATER MONITORING › Section 11-265-90 - Applicability

Current through June, 2024
(a) The owner or operator of a surface
				  impoundment, landfill, or land treatment facility which is used to manage
				  hazardous waste must implement a ground-water monitoring program capable of
				  determining the facility's impact on the quality of ground water in the
				  uppermost aquifer underlying the facility, except as section 11-265-1 and
				  subsection (c) of this section provide otherwise.
(b) Except as subsections (c) and (d) provide
				  otherwise, the owner or operator must install, operate, and maintain a
				  ground-water monitoring system which meets the requirements of section
				  11-265-91, and must comply with sections 11-265-92 through 11-265-94. This
				  ground-water monitoring program must be carried out during the active life of
				  the facility, and for disposal facilities, during the post-closure care period
				  as well.
(c) All or part of the
				  ground-water monitoring requirements of this subchapter may be waived if the
				  owner or operator can demonstrate that there is a low potential for migration
				  of hazardous waste or hazardous waste constituents from the facility via the
				  uppermost aquifer to water supply wells (domestic, industrial, or agricultural)
				  or to surface water. This demonstration must be in writing, and must be kept at
				  the facility. This demonstration must be certified by a qualified geologist or
				  geotechnical engineer and must establish the following:
(1) The potential for migration of hazardous
				  waste or hazardous waste constituents from the facility to the uppermost
				  aquifer, by an evaluation of:
(i) A water
				  balance of precipitation, evapotranspiration, runoff, and infiltration;
				  and
(ii) Unsaturated zone
				  characteristics (i.e., geologic materials, physical properties, and depth to
				  ground water); and
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 F - GROUND-WATER MONITORING › Section 11-265-91 - Ground-water monitoring system

Current through June, 2024
(a) A ground-water
				  monitoring system must be capable of yielding ground-water samples for analysis
				  and must consist of:
(1) Monitoring wells (at
				  least one) installed hydraulically upgradient (i.e., in the direction of
				  increasing static head) from the limit of the waste management area. Their
				  number, locations, and depths must be sufficient to yield ground-water samples
				  that are:
(i) Representative of background
				  ground-water quality in the uppermost aquifer near the facility; and
(ii) Not affected by the facility;
				  and
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 F - GROUND-WATER MONITORING › Section 11-265-92 - Sampling and analysis

Current through June, 2024
(a) The owner or
				  operator must obtain and analyze samples from the installed ground-water
				  monitoring system. The owner or operator must develop and follow a ground-water
				  sampling and analysis plan. He must keep this plan at the facility. The plan
				  must include procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and
				  shipment;
(3) Analytical
				  procedures; and
(4) Chain of
				  custody control.
See "Procedures Manual For Ground-water Monitoring at
					 Solid Waste Disposal Facilities," EPA-530/SW-611, August 1977 and "Methods for
					 Chemical Analysis of Water and Wastes," EPA-600/4-79-020, March 1979 for
					 discussions of sampling and analysis procedures.
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 F - GROUND-WATER MONITORING › Section 11-265-93 - Preparation, evaluation, and response

Current through June, 2024
(a) The owner or
				  operator must prepare an outline of a ground-water quality assessment program.
				  The outline must describe a more comprehensive ground-water monitoring program
				  (than that described in sections 11-265-91 and 11-265-92 ) capable of
				  determining:
(1) Whether hazardous waste or
				  hazardous waste constituents have entered the ground water;
(2) The rate and extent of migration of
				  hazardous waste or hazardous waste constituents in the ground water;
				  and
(3) The concentrations of
				  hazardous waste or hazardous waste constituents in the ground water.
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 F - GROUND-WATER MONITORING › Section 11-265-94 - Recordkeeping and reporting

Current through June, 2024
(a) Unless the
				  ground water is monitored to satisfy the requirements of paragraph
				  11-265-93(d)(4), the owner or operator must:
(1) Keep records of the analyses required in
				  subsections 11-265-92(c) and 11-265-92(d), the associated ground-water surface
				  elevations required in subsection 11-265-92(e), and the evaluations required in
				  subsection 11-265-93(b) throughout the active life of the facility, and, for
				  disposal facilities, throughout the post-closure care period as well;
				  and
(2) Report the following
				  ground-water monitoring information to the director:
(i) During the first year when initial
				  background concentrations are being established for the facility:
				  concentrations or values of the parameters listed in paragraph 11-265-92(b)(1)
				  for each ground-water monitoring well within fifteen days after completing each
				  quarterly analysis. The owner or operator must separately identify for each
				  monitoring well any parameters whose concentration or value has been found to
				  exceed the maximum contaminant levels listed in Appendix III.
(ii) Annually: Concentrations or values of
				  the parameters listed in paragraph 11-265-92(b)(3) for each ground-water
				  monitoring well, along with the required evaluations for these parameters under
				  subsection 11-265-93(b). The owner or operator must separately identify any
				  significant differences from initial background found in the upgradient wells,
				  in accordance with paragraph 11-265-93(c)(1). During the active life of the
				  facility, this information must be submitted no later than March 1 following
				  each calendar year.
(iii) No later
				  than March 1 following each calendar year: Results of the evaluations of
				  ground-water surface elevations under subsection 11-265-93(f), and a
				  description of the response to that evaluation, where applicable, (b) If the
				  ground water is monitored to satisfy the requirements of paragraph
				  11-265-93(d)(4), the owner or operator must:
(1) Keep records of the analyses and
				  evaluations specified in the plan, which satisfies the requirements of
				  paragraph 11-265-93(d)(3), throughout the active life of the facility, and, for
				  disposal facilities, throughout the post-closure care period as well;
				  and
(2) Annually, until final
				  closure of the facility, submit to the director a report containing the results
				  of his or her ground-water quality assessment program which includes, but is
				  not limited to, the calculated (or measured) rate of migration of hazardous
				  waste or hazardous waste constituents in the ground water during the reporting
				  period. This information must be submitted no later than March 1 following each
				  calendar year.
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 G - CLOSURE AND POST-CLOSURE › Section 11-265-110 - Applicability

Current through June, 2024
Except as section
					 11-265-1 provides
					 otherwise:
(a) Sections 11-265-111
				  through 11-265-115 (which concern closure) apply to the owners and operators of
				  all hazardous waste management facilities; and
(b) Sections 11-265-116 through 11-265-120
				  (which concern post-closure care) apply to the owners and operators of:
(1) All hazardous waste disposal
				  facilities;
(2) Waste piles and
				  surface impoundments for which the owner or operator intends to remove the
				  wastes at closure to the extent that these sections are made applicable to such
				  facilities in section 11-265-228 or section 11-265-258;
(3) Tank systems that are required under
				  section 11-265-197 to meet requirements for landfills; and
(4) Containment buildings that are required
				  under section 11-265-1102 to meet the requirement for landfills.
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 G - CLOSURE AND POST-CLOSURE › Section 11-265-111 - Closure performance standard

Current through June, 2024
The owner or operator must close the facility in a manner
					 that:
(a) Minimizes the need for
				  further maintenance, and
(b)
				  Controls, minimizes or eliminates, to the extent necessary to protect human
				  health and the environment, post-closure escape of hazardous waste, hazardous
				  constituents, leachate, contaminated run-off, or hazardous waste decomposition
				  products to the ground or surface waters or to the atmosphere, and
(c) Complies with the closure requirements of
				  this subchapter, including, but not limited to, the requirements of sections
				  11-265-197, 11-265-228, 11-265-258, 11-265-280, 11-265-310, 11-265-351,
				  11-265-381, 11-265-404, and 11-265-1102.
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 G - CLOSURE AND POST-CLOSURE › Section 11-265-113 - Closure; time allowed for closure

Current through June, 2024
(a) Within ninety
				  days after receiving the final volume of hazardous wastes, or the final volume
				  of non-hazardous wastes if the owner or operator complies with all applicable
				  requirements in subsections (d) and (e), at a hazardous waste management unit
				  or facility, or within ninety days after approval of the closure plan,
				  whichever is later, the owner or operator must treat, remove from the unit or
				  facility, or dispose of on-site, all hazardous wastes in accordance with the
				  approved closure plan. The director may approve a longer period if the owner or
				  operator demonstrates that:
(1)
(i) The activities required to comply with
				  this subsection will, of necessity, take longer than ninety days to complete;
				  or
(ii)
(A) The hazardous waste management unit or
				  facility has the capacity to receive additional hazardous wastes, or has the
				  capacity to receive non-hazardous wastes if the facility owner or operator
				  complies with subsections (d) and (e); and
(B) There is a reasonable likelihood that he
				  or another person will recommence operation of the hazardous waste management
				  unit or the facility within one year; and
(C) Closure of the hazardous waste management
				  unit or facility would be incompatible with continued operation of the site;
				  and
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 G - CLOSURE AND POST-CLOSURE › Section 11-265-114 - Disposal or decontamination of equipment

Current through June, 2024
During the partial and final closure periods, all
					 contaminated equipment, structures and soil must be properly disposed of, or
					 decontaminated unless specified otherwise in sections
					 11-265-197,
					 11-265-228,
					 11-265-258,
					 11-265-280, or
					 11-265-310. By removing all
					 hazardous wastes or hazardous constituents during partial and final closure,
					 the owner or operator may become a generator of hazardous waste and must handle
					 that hazardous waste in accordance with all applicable requirements of chapter
					 11-262.
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 G - CLOSURE AND POST-CLOSURE › Section 11-265-115 - Certification of closure

Current through June, 2024
Within sixty days of completion of closure of each
					 hazardous waste surface impoundment, waste pile, land treatment, and landfill
					 unit, and within sixty days of completion of final closure, the owner or
					 operator must submit to the director, by registered mail, a certification that
					 the hazardous waste management unit or facility, as applicable, has been closed
					 in accordance with the specifications in the approved closure plan. The
					 certification must be signed by the owner or operator and by an independent
					 registered professional engineer. Documentation supporting the independent
					 registered professional engineer's certification must be furnished to the
					 director upon request until he releases the owner or operator from the
					 financial assurance requirements for closure under subsection
					 11-265-143(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 G - CLOSURE AND POST-CLOSURE › Section 11-265-116 - Survey plat

Current through June, 2024
No later than the submission of the certification of
					 closure of each hazardous waste disposal unit, an owner or operator must submit
					 to the local zoning authority, or the authority with jurisdiction over local
					 land use, and to the director, a survey plat indicating the location and
					 dimensions of landfill cells or other hazardous waste disposal units with
					 respect to permanently surveyed benchmarks. This plat must be prepared and
					 certified by a professional land surveyor. The plat filed with the local zoning
					 authority, or the authority with jurisdiction over local land use must contain
					 a note, prominently displayed, which states the owner's or operator's
					 obligation to restrict disturbance of the hazardous waste disposal unit in
					 accordance with the applicable rules in subchapter G.
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 G - CLOSURE AND POST-CLOSURE › Section 11-265-117 - Post-closure care and use of property

Current through June, 2024
(a)
(1) Post-closure care for each hazardous
				  waste management unit subject to the requirements of sections 11-265-117
				  through 11-265-120 must begin after completion of closure of the unit and
				  continue for thirty years after that date. It must consist of at least the
				  following:
(i) Monitoring and reporting in
				  accordance with the requirements of subchapters F, K, L, M, and N;
				  and
(ii) Maintenance and monitoring
				  of waste containment systems in accordance with the requirements of subchapters
				  F, K, L, M, and 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 G - CLOSURE AND POST-CLOSURE › Section 11-265-118 - Post-closure plan; amendment of plan

Current through June, 2024
(a) Written plan.
				  The owner or operator of a hazardous waste disposal unit must have a written
				  post-closure plan. An owner or operator of a surface impoundment or waste pile
				  that intends to remove all hazardous wastes at closure must prepare a
				  post-closure plan and submit it to the director within ninety days of the date
				  that the owner or operator or director determines that the hazardous waste
				  management unit or facility must be closed as a landfill, subject to the
				  requirements of sections 11-265-117 through 11-265-120.
(b) Until final closure of the facility, a
				  copy of the most current post-closure plan must be furnished to the director
				  upon request, including request by mail. In addition, for facilities without
				  approved post-closure plans, it must also be provided during site inspections,
				  on the day of inspection, to any officer, employee or representative of the
				  department who is duly designated by the director. After final closure has been
				  certified, the person or office specified in paragraph (c)(3) must keep the
				  approved post-closure plan during the post-closure period.
(c) For each hazardous waste management unit
				  subject to the requirements of this section, the post-closure plan must
				  identify the activities that will be carried on after closure of each disposal
				  unit and the frequency of these activities, and include at least:
(1) A description of the planned monitoring
				  activities and frequencies at which they will be performed to comply with
				  subchapters F, K, L, M, and N during the post-closure care period;
				  and
(2) A description of the
				  planned maintenance activities, and frequencies at which they will be
				  performed, to ensure:
(i) The integrity of
				  the cap and final cover or other containment systems in accordance with the
				  requirements of subchapters K, L, M, and N; and
(ii) The function of the monitoring equipment
				  in accordance with the requirements of subchapters F, K, L, M, and N;
				  and
(3) The name,
				  address, and phone number of the person or office to contact about the
				  hazardous waste disposal unit or facility during the post-closure care
				  period.
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 G - CLOSURE AND POST-CLOSURE › Section 11-265-119 - Post-closure notices

Current through June, 2024
(a) No later than
				  sixty days after certification of closure of each hazardous waste disposal
				  unit, the owner or operator must submit to the local zoning authority, or the
				  authority with jurisdiction over local land use, and to the director, a record
				  of the type, location, and quantity of hazardous wastes disposed of within each
				  cell or other disposal unit of the facility. For hazardous wastes disposed of
				  before January 12, 1981, the owner or operator must identify the type, location
				  and quantity of the hazardous wastes to the best of his knowledge and in
				  accordance with any records he has kept.
(b) Within sixty days of certification of
				  closure of the first hazardous waste disposal unit and within sixty days of
				  certification of closure of the last hazardous waste disposal unit, the owner
				  or operator must:
(1) Record, in accordance
				  with State law, a notation on the deed to the facility property -- or on some
				  other instrument which is normally examined during title search -- that will in
				  perpetuity notify any potential purchaser of the property that:
(i) The land has been used to manage
				  hazardous wastes; and
(ii) Its use
				  is restricted under Hawaii Administrative Rules, chapter 265, subchapter G
				  regulations; and
(iii) The survey
				  plat and record of the type, location, and quantity of hazardous wastes
				  disposed of within each cell or other hazardous waste disposal unit of the
				  facility required by section 11-265-116 and subsection (a) of this section have
				  been filed with the local zoning authority or the authority with jurisdiction
				  over local land use and with the director; and
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 G - CLOSURE AND POST-CLOSURE › Section 11-265-120 - Certification of completion of post-closur care

Current through June, 2024
No later than sixty days after the completion of the
					 established post-closure care period for each hazardous waste disposal unit,
					 the owner or operator must submit to the director, by registered mail, a
					 certification that the post-closure care period for the hazardous waste
					 disposal unit was performed in accordance with the specifications in the
					 approved post-closure plan. The certification must be signed by the owner or
					 operator and an independent registered professional engineer. Documentation
					 supporting the independent registered professional engineer's certification
					 must be furnished to the director upon request until he releases the owner or
					 operator from the financial assurance requirements for post-closure care under
					 subsection
					 11-265-145(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 H - FINANCIAL REQUIREMENTS › Section 11-265-140 - Applicability

Current through June, 2024
(a) The requirements of sections 11-265-142,
				  11-265-143 and 11-265-147 through 11-265-150 apply to owners or operators of
				  all hazardous waste facilities, except as provided otherwise in this section or
				  in section 11-265-1.
(b) The
				  requirements of sections 11-265-144 and 11-265-146 apply only to owners and
				  operators of:
(1) Disposal
				  facilities;
(2) Tank systems that
				  are required under section 11-265-197 to meet the requirements for landfills;
				  and
(3) Containment buildings that
				  are required under section 11-265-1102 to meet the requirements for
				  landfills.
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 H - FINANCIAL REQUIREMENTS › Section 11-265-142 - Cost estimate for closure

Current through June, 2024
(a) The owner or
				  operator must have a detailed written estimate, in current dollars, of the cost
				  of closing the facility in accordance with the requirements in sections
				  11-265-111 through 11-265-115 and applicable closure requirements in sections
				  11-265-178, 11-265-197, 11-265-228, 11-265-258, 11-265-280, 11-265-310,
				  11-265-351, 11-265-381, 11-265-404, and 11-265-1102.
(1) The estimate must equal the cost of final
				  closure at the point in the facility's active life when the extent and manner
				  of its operation would make closure the most expensive, as indicated by its
				  closure plan (see subsection 11-265-112(b) ); and
(2) The closure cost estimate must be based
				  on the costs to the owner or operator of hiring a third party to close the
				  facility. A third party is a party who is neither a parent nor a subsidiary of
				  the owner or operator. (See definition of parent corporation in subsection
				  11-265-141(d).) The owner or operator may use costs for on-site disposal if he
				  can demonstrate that on-site disposal capacity will exist at all times over the
				  life of the facility.
(3) The
				  closure cost estimate may not incorporate any salvage value that may be
				  realized with the sale of hazardous wastes, or non-hazardous wastes if
				  applicable under subsection 11-265-113(d), facility structures or equipment,
				  land, or other assets associated with the facility at the time of partial or
				  final closure.
(4) The owner or
				  operator may not incorporate a zero cost for hazardous wastes, or non-hazardous
				  wastes if applicable under subsection 11-265-113(d), that might have economic
				  value.
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 H - FINANCIAL REQUIREMENTS › Section 11-265-144 - Cost estimate for post-closure care

Current through June, 2024
(a) The owner or
				  operator of a hazardous waste disposal unit must have a detailed written
				  estimate, in current dollars, of the annual cost of post-closure monitoring and
				  maintenance of the facility in accordance with the applicable post-closure
				  regulations in sections 11-265-117 through 11-265-120, 11-265-228, 11-265-258,
				  11-265-280, and 11-265-310.
(1) The
				  post-closure cost estimate must be based on the costs to the owner or operator
				  of hiring a third party to conduct post-closure care activities. A third party
				  is a party who is neither a parent nor subsidiary of the owner or operator.
				  (See definition of parent corporation in subsection 11-265-141(d).)
(2) The post-closure cost estimate is
				  calculated by multiplying the annual post-closure cost estimate by the number
				  of years of post-closure care required under section 11-265-117.
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 H - FINANCIAL REQUIREMENTS › Section 11-265-146 - Use of a mechanism for financial assurance of both closure and post-closure care

Current through June, 2024
An owner or operator may satisfy the requirements for
					 financial assurance for both closure and post-closure care for one or more
					 facilities by using a trust fund, surety bond, letter of credit, insurance,
					 financial test, or corporate guarantee that meets the specifications for the
					 mechanism in both sections
					 11-265-143 and
					 11-265-145. The amount of funds
					 available through the mechanism must be no less than the sum of funds that
					 would be available if a separate mechanism had been established and maintained
					 for financial assurance of closure and of post-closure care.
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 H - FINANCIAL REQUIREMENTS › Section 11-265-147 - Liability requirements

Current through June, 2024
(a) Coverage for
				  sudden accidental occurrences. An owner or operator of a hazardous waste
				  treatment, storage, or disposal facility, or a group of such facilities, must
				  demonstrate financial responsibility for bodily injury and property damage to
				  third parties caused by sudden accidental occurrences arising from operations
				  of the facility or group of facilities. The owner or operator must have and
				  maintain liability coverage for sudden accidental occurrences in the amount of
				  at least $1 million per occurrence with an annual aggregate of at least $2
				  million, exclusive of legal defense costs. This liability coverage may be
				  demonstrated as specified in paragraph (a)(1), (a)(2), (a)(3), (a) (4), (a)
				  (5), or (a) (6):
(1) An owner or operator may
				  demonstrate the required liability coverage by having liability insurance as
				  specified in this subsection.
(i) Each
				  insurance policy must be amended by attachment of the Hazardous Waste Facility
				  Liability Endorsement, or evidenced by a Certificate of Liability Insurance.
				  The wording of the endorsement must be identical to the wording specified in
				  subsection 11-264-151(i). The wording of the certificate of insurance must be
				  identical to the wording specified in subsection 11-264-151(j). The owner or
				  operator must submit a signed duplicate original of the endorsement or the
				  certificate of insurance to the director. If requested by the director, the
				  owner or operator must provide a signed duplicate original of the insurance
				  policy.
(ii) Each insurance policy
				  must be issued by an insurer which, at a minimum, is licensed to transact the
				  business of insurance, or eligble to provide insurance as an excess or surplus
				  lines insurer, in one or more states.
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 H - FINANCIAL REQUIREMENTS › Section 11-265-148 - Incapacity of owners or operators, guarantors, or financial institutions

Current through June, 2024
(a) An owner or operator must notify the
				  director by certified mail of the commencement of a voluntary or involuntary
				  proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator
				  as debtor, within ten days after commencement of the proceeding. A guarantor of
				  a corporate guarantee as specified in subsections 11-265-143(e) and
				  11-265-145(e) must make such a notification if he is named as debtor, as
				  required under the terms of the corporate guarantee (subsection 11-264-151(h)
				  ).
(b) An owner or operator who
				  fulfills the requirements of section 11-265-143, section 11-265-145, or section
				  11-265-147 by obtaining a trust fund, surety bond, letter of credit, or
				  insurance policy will be deemed to be without the required financial assurance
				  or liability coverage in the event of bankruptcy of the trustee or issuing
				  institution, or a suspension or revocation of the authority of the trustee
				  institution to act as trustee or of the institution issuing the surety bond,
				  letter of credit, or insurance policy to issue such instruments. The owner or
				  operator must establish other financial assurance or liability coverage within
				  sixty days after such an event.