reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter B - GENERAL FACILITY STANDARDS › Section 11-264-19 - Construction quality assurance program

Current through June, 2024
(a) CQA program.
(1) A construction quality assurance (CQA)
				  program is required for all surface impoundment, waste pile, and landfill units
				  that are required to comply with subsections 11-264-221(c), 11-264-221(d),
				  11-264-251(c), 11-264-251(d), 11-264-301(c) and 11-264-301(d). The program must
				  ensure that the constructed unit meets or exceeds all design criteria and
				  specifications in the permit. The program must be developed and implemented
				  under the direction of a CQA officer who is a registered professional
				  engineer.
(2) The CQA program must
				  address the following physical components, where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane
				  liners);
(v) Leachate collection
				  and removal systems and leak detection systems; and
(vi) Final cover systems.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter C - PREPAREDNESS AND PREVENTION › Section 11-264-30 - Applicability

Current through June, 2024
The rules in this subchapter apply to owners and operators
					 of all hazardous waste facilities, except as section
					 11-264-1 provides
					 otherwise.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter C - PREPAREDNESS AND PREVENTION › Section 11-264-31 - Design and operation of facility

Current through June, 2024
Facilities must be designed, constructed, maintained, and
					 operated to minimize the possibility of a fire, explosion, or any unplanned
					 sudden or non-sudden release of hazardous waste or hazardous waste constituents
					 to air, soil, or surface water which could threaten human health or the
					 environment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter C - PREPAREDNESS AND PREVENTION › Section 11-264-32 - Required equipment

Current through June, 2024
All facilities must be equipped with the following, unless
					 it can be demonstrated to the director that none of the hazards posed by waste
					 handled at the facility could require a particular kind of equipment specified
					 below:
(a) An internal communications
				  or alarm system capable of providing immediate emergency instruction (voice or
				  signal) to facility personnel;
(b)
				  A device, such as a telephone (immediately available at the scene of
				  operations) or a hand-held two-way radio, capable of summoning emergency
				  assistance from local police departments, fire departments, or State or local
				  emergency response teams;
(c)
				  Portable fire extinguishers, fire control equipment (including special
				  extinguishing equipment, such as that using foam, inert gas, or dry chemicals),
				  spill control equipment, and decontamination equipment; and
(d) Water at adequate volume and pressure to
				  supply water hose streams, or foam producing equipment, or automatic
				  sprinklers, or water spray systems.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter C - PREPAREDNESS AND PREVENTION › Section 11-264-33 - Testing and maintenance of equipment

Current through June, 2024
All facility communications or alarm systems, fire
					 protection equipment, spill control equipment, and decontamination equipment,
					 where required, must be tested and maintained as necessary to assure its proper
					 operation in time of emergency.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter C - PREPAREDNESS AND PREVENTION › Section 11-264-34 - Access to communications or alarm system

Current through June, 2024
(a) Whenever
				  hazardous waste is being poured, mixed, spread, or otherwise handled, all
				  personnel involved in the operation must have immediate access to an internal
				  alarm or emergency communication device, either directly or through visual or
				  voice contact with another employee, unless the director has ruled that such a
				  device is not required under section 11-264-32.
(b) If there is ever just one employee on the
				  premises while the facility is operating, he must have immediate access to a
				  device, such as a telephone (immediately available at the scene of operation)
				  or a hand-held two-way radio, capable of summoning external emergency
				  assistance, unless the director has ruled that such a device is not required
				  under section 11-264-32.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter C - PREPAREDNESS AND PREVENTION › Section 11-264-35 - Required aisle space

Current through June, 2024
The owner or operator must maintain aisle space to allow
					 the unobstructed movement of personnel, fire protection equipment, spill
					 control equipment, and decontamination equipment to any area of facility
					 operation in an emergency, unless it can be demonstrated to the director that
					 aisle space is not needed for any of these purposes.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter C - PREPAREDNESS AND PREVENTION › Section 11-264-36 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter C - PREPAREDNESS AND PREVENTION › Section 11-264-37 - Arrangements with local authorities

Current through June, 2024
(a) The owner or
				  operator must attempt to make the following arrangements, as appropriate for
				  the type of waste handled at his facility and the potential need for the
				  services of these organizations:
(1)
				  Arrangements to familiarize police, fire departments, and emergency response
				  teams with the layout of the facility, properties of hazardous waste handled at
				  the facility and associated hazards, places where facility personnel would
				  normally be working, entrances to and roads inside the facility, and possible
				  evacuation routes;
(2) Where more
				  than one police and fire department or station might respond to an emergency,
				  agreements designating primary emergency authority to a specific police and a
				  specific fire department or station, and agreements with any others to provide
				  support to the primary emergency authority;
(3) Agreements with State emergency response
				  teams, emergency response contractors, and equipment suppliers; and
(4) Arrangements to familiarize local
				  hospitals with the properties of hazardous waste handled at the facility and
				  the types of injuries or illnesses which could result from fires, explosions,
				  or releases at the facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-264-50 - Applicability

Current through June, 2024
The rules in this subchapter apply to owners and operators
					 of all hazardous waste facilities, except as section
					 11-264-1 provides
					 otherwise.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-264-51 - Purpose and implementation of contingency plan

Current through June, 2024
(a) Each
				  owner or operator must have a contingency plan for his facility. The
				  contingency plan must be designed to minimize hazards to human health or the
				  environment from fires, explosions, or any unplanned sudden or non-sudden
				  release of hazardous waste or hazardous waste constituents to air, soil, or
				  surface water.
(b) The provisions
				  of the plan must be carried out immediately whenever there is a fire,
				  explosion, or release of hazardous waste or hazardous waste constituents which
				  could threaten human health or the environment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-264-52 - Content of contingency plan

Current through June, 2024
(a) The contingency
				  plan must describe the actions facility personnel must take to comply with
				  sections 11-264-51 and 11-264-56 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 5 CFR part 1510, 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 11-264-37.
(d) The plan must list names, addresses, and
				  phone numbers (office and home) of all persons qualified to act as emergency
				  coordinator (see section 11-264-55 ), 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. For new facilities, this information must be
				  supplied to the director at the time of certification, rather than at the time
				  of permit application.
(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 the 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 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-264-53 - 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 the
				  appropriate 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 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-264-54 - Amendment of contingency plan

Current through June, 2024
The contingency plan must be reviewed, and immediately
					 amended, if necessary, whenever:
(a)
				  The facility permit is 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 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-264-55 - 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 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter D - CONTINGENCY PLAN AND EMERGENCY PROCEDURES › Section 11-264-56 - 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 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-264-70 - 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
					 11-264-1 provides otherwise.
					 Sections 11-264-71,
					 11-264-72, and
					 11-264-76 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).
					 Subsection
					 11-264-73(b) only
					 applies to permittees who treat, store, or dispose of hazardous wastes on-site
					 where such wastes were generated.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-264-71 - 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 or her 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
				  11-264-72(a) ) on each copy of the manifest;
(Note: The department does not intend that the owner or
					 operator of a facility whose procedures under section 11-264-13(c) include
					 waste analysis must perform that analysis before signing the manifest and
					 giving it to the transporter. Subsection 11-264-72(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 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-264-72 - 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 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-264-74 - 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 11-264-73(b)(2) must be submitted to
				  the director and county land authority upon closure of the facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-264-75 - 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
					 X). The report must cover facility activities during the previous calendar year
					 and must include:
(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) [Reserved]
(g) The most recent closure cost estimate
				  under section 11-264-142, and, for disposal facilities, the most recent
				  post-closure cost estimate under section 11-264-144; 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 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-264-76 - 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 and 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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter E - MANIFEST SYSTEM, RECORDKEEPING, AND REPORTING › Section 11-264-77 - Additional reports

Current through June, 2024
In addition to submitting the biennial reports and
					 unmanifested waste reports described in
					 11-264-75 and
					 11-264-76, the owner or operator
					 must also report to the director:
(a)
				  Releases, fires, and explosions as specified in subsection
				  11-264-56(j);
(b) Facility closures
				  specified in section 11-264-115; and
(c) As otherwise required by subchapters F, K
				  through N, AA, BB, and CC.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-90 - Applicability

Current through June, 2024
(a) Applicability.
(1) Except as provided in subsection (b), the
				  rules in this subchapter apply to owners or operators of facilities that treat,
				  store or dispose of hazardous waste. The owner or operator must satisfy the
				  requirements identified in paragraph (a)(2) for all wastes (or constituents
				  thereof) contained in solid waste management units at the facility, regardless
				  of the time at which waste was placed in such units.
(2) All solid waste management units must
				  comply with the requirements in section 11-264-101. A surface impoundment,
				  waste pile, and land treatment unit or landfill that receives hazardous waste
				  after July 26, 1982 (hereinafter referred to as a "regulated unit'') must
				  comply with the requirements of sections 11-264-91 through 11-264-100 in lieu
				  of 11-264-101 for purposes of detecting, characterizing and responding to
				  releases to the uppermost aquifer. The financial responsibility requirements of
				  section 11-264-101 apply to regulated units.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-91 - Required programs

Current through June, 2024
(a) Owners and
				  operators subject to this subchapter must conduct a monitoring and response
				  program as follows:
(1) Whenever hazardous
				  constituents under section 11-264-93 from a regulated unit are detected at a
				  compliance point under section 11-264-95, the owner or operator must institute
				  a compliance monitoring program under section 11-264-99. Detected is defined as
				  statistically significant evidence of contamination as described in subsection
				  11-264-98(f);
(2) Whenever the
				  ground-water protection standard under section 11-264-92 is exceeded, the owner
				  or operator must institute a corrective action program under section
				  11-264-100. Exceeded is defined as statistically significant evidence of
				  increased contamination as described in subsection 11-264-99(d);
(3) Whenever hazardous constituents under
				  section 11-264-93 from a regulated unit exceed concentration limits under
				  section 11-264-94 in ground water between the compliance point under section
				  11-264-95 and the down-gradient facility property boundary, the owner or
				  operator must institute a corrective action program under section 11-264-100;
				  or
(4) In all other cases, the
				  owner or operator must institute a detection monitoring program under section
				  11-264-98.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-92 - Ground-water protection standard

Current through June, 2024
The owner or operator must comply with conditions
					 specified in the facility permit that are designed to ensure that hazardous
					 constituents under section
					 11-264-93 detected in the ground
					 water from a regulated unit do not exceed the concentration limits under
					 section 11-264-94 in the uppermost aquifer
					 underlying the waste management area beyond the point of compliance under
					 section 11-264-95 during the compliance
					 period under section
					 11-264-96. The director will
					 establish this ground-water protection standard in the facility permit when
					 hazardous constituents have been detected in the ground
					 water.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-93 - Hazardous constituents

Current through June, 2024
(a) The director
				  will specify in the facility permit the hazardous constituents to which the
				  ground-water protection standard of section 11-264-92 applies. Hazardous
				  constituents are constituents identified in Appendix VIII of chapter 11-261
				  that have been detected in ground water in the uppermost aquifer underlying a
				  regulated unit and that are reasonably expected to be in or derived from waste
				  contained in a regulated unit, unless the director has excluded them under
				  subsection (b).
(b) The director
				  will exclude an Appendix VIII constituent from the list of hazardous
				  constituents specified in the facility permit if he finds that the constituent
				  is not capable of posing a substantial present or potential hazard to human
				  health or the environment. In deciding whether to grant an exemption, the
				  director will consider the following:
(1)
				  Potential adverse effects on ground-water quality, considering:
(i) The physical and chemical characteristics
				  of the waste in the regulated unit, including its potential for
				  migration;
(ii) The hydrogeological
				  characteristics of the facility and surrounding land;
(iii) The quantity of ground water and the
				  direction of ground-water flow;
(iv) The proximity and withdrawal rates of
				  ground-water users;
(v) The current
				  and future uses of ground water in the area;
(vi) The existing quality of ground water,
				  including other sources of contamination and their cumulative impact on the
				  ground-water quality;
(vii) The
				  potential for health risks caused by human exposure to waste
				  constituents;
(viii) The potential
				  damage to wildlife, crops, vegetation, and physical structures caused by
				  exposure to waste constituents;
(ix) The persistence and permanence of the
				  potential adverse effects; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-94 - Concentration limits

Current through June, 2024
(a) The director
				  will specify in the facility permit concentration limits in the ground water
				  for hazardous constituents established under section 11-264-93. The
				  concentration of a hazardous constituent:
(1)
				  Must not exceed the background level of that constituent in the ground water at
				  the time that limit is specified in the permit; or
(2) For any of the constituents listed in
				  Table 1, must not exceed the respective value given in that table if the
				  background level of the constituent is below the value given in Table 1; or
Table 1 -- Maximum Concentration of Constituents for
					 Ground-water Protection
Constituent
Maximum concentration1
Arsenic
0.05
Barium
1.0
Cadmium
0.01
Chromium
0.05
Lead
0.05
Mercury
0.002
Selenium
0.01
Silver
0.05
Endrin
								(1,2,3,4,10,10-hexachloro-1,7-epoxy-1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo,
								endo-5,8-dimethano naphthalene)
0.0002
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma
								isomer)
0.004
Methoxychlor (1,1,1-Trichloro-2,2-bis
								(p-methoxyphenylethane)
0.1
Toxaphene
								(C10H10Cl6,
								Technical chlorinated camphene, 67-69 percent chlorine)
0.005
2,4-D (2,4-Dichlorophenoxyacetic acid)
0.1
2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic
								acid)
0.01
FOOTNOTE: 
					 1Milligrams per liter.
(3) Must not exceed an alternate
				  limit established by the director under subsection (b).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-95 - Point of compliance

Current through June, 2024
(a) The director
				  will specify in the facility permit the point of compliance at which the
				  ground-water protection standard of section 11-264-92 applies and at which
				  monitoring must be conducted. The point of compliance is a vertical surface
				  located at the hydraulically down-gradient limit of the waste management area
				  that extends down into the uppermost aquifer underlying the regulated
				  units.
(b) The waste management
				  area is the limit projected in the horizontal plane of the area on which waste
				  will be placed during the active life of a regulated unit.
(1) The waste management area includes
				  horizontal space taken up by any liner, dike, or other barrier designed to
				  contain waste in a regulated unit.
(2) If the facility contains more than one
				  regulated unit, the waste management area is described by an imaginary line
				  circumscribing the several regulated units.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-96 - Compliance period

Current through June, 2024
(a) The director
				  will specify in the facility permit the compliance period during which the
				  ground-water protection standard of section 11-264-92 applies. The compliance
				  period is the number of years equal to the active life of the waste management
				  area (including any waste management activity prior to permitting, and the
				  closure period.)
(b) The compliance
				  period begins when the owner or operator initiates a compliance monitoring
				  program meeting the requirements of section 11-264-99.
(c) If the owner or operator is engaged in a
				  corrective action program at the end of the compliance period specified in
				  paragraph (a), the compliance period is extended until the owner or operator
				  can demonstrate that the ground-water protection standard of section 11-264-92
				  has not been exceeded for a period of three consecutive years.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-97 - General ground-water monitoring requirements

Current through June, 2024
The owner or operator must comply with the following
					 requirements for any ground-water monitoring program developed to satisfy
					 11-264-98,
					 11-264-99, or
					 11-264-100:
(a) The ground-water monitoring system must
				  consist of a sufficient number of wells, installed at appropriate locations and
				  depths to yield ground-water samples from the uppermost aquifer that:
(1) Represent the quality of background water
				  that has not been affected by leakage from a regulated unit;
(i) A determination of background quality may
				  include sampling of wells that are not hydraulically up-gradient of the waste
				  management area where:
(A) Hydrogeologic
				  conditions do not allow the owner or operator to determine what wells are
				  hydraulically upgradient; and
(B)
				  Sampling at other wells will provide an indication of background ground-water
				  quality that is representative or more representative than that provided by the
				  up-gradient wells; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-98 - Detection monitoring program

Current through June, 2024
An owner or operator required to establish a detection
					 monitoring program under this subchapter must, at a minimum, discharge the
					 following responsibilities:
(a) The
				  owner or operator must monitor for indicator parameters (e.g., specific
				  conductance, total organic carbon, or total organic halogen), waste
				  constituents, or reaction products that provide a reliable indication of the
				  presence of hazardous constituents in ground water. The director will specify
				  the parameters or constituents to be monitored in the facility permit, after
				  considering the following factors:
(1) The
				  types, quantities, and concentrations of constituents in wastes managed at the
				  regulated unit;
(2) The mobility,
				  stability, and persistence of waste constituents or their reaction products in
				  the unsaturated zone beneath the waste management area;
(3) The detectability of indicator
				  parameters, waste constituents, and reaction products in ground water;
				  and
(4) The concentrations or
				  values and coefficients of variation of proposed monitoring parameters or
				  constituents in the ground-water background.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-99 - Compliance monitoring program

Current through June, 2024
An owner or operator required to establish a compliance
					 monitoring program under this subchapter must, at a minimum, discharge the
					 following responsibilities:
(a) The
				  owner or operator must monitor the ground water to determine whether regulated
				  units are in compliance with the ground-water protection standard under section
				  11-264-92. The director will specify the ground-water protection standard in
				  the facility permit, including:
(1) A list of
				  the hazardous constituents identified under section 11-264-93;
(2) Concentration limits under section
				  11-264-94 for each of those hazardous constituents;
(3) The compliance point under section
				  11-264-95; and
(4) The compliance
				  period under section 11-264-96.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-100 - Corrective action program

Current through June, 2024
An owner or operator required to establish a corrective
					 action program under this subchapter must, at a minimum, discharge the
					 following responsibilities:
(a) The
				  owner or operator must take corrective action to ensure that regulated units
				  are in compliance with the ground-water protection standard under section
				  11-264-92. The director will specify the ground-water protection standard in
				  the facility permit, including:
(1) A list of
				  the hazardous constituents identified under section 11-264-93;
(2) Concentration limits under section
				  11-264-94 for each of those hazardous constituents;
(3) The compliance point under section
				  11-264-95; and
(4) The compliance
				  period under section 11-264-96.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter F - RELEASES FROM SOLID WASTE MANAGEMENT UNITS › Section 11-264-101 - Corrective action for solid waste management units

Current through June, 2024
(a)
				  The owner or operator of a facility seeking a permit for the treatment, storage
				  or disposal of hazardous waste must institute corrective action as necessary to
				  protect human health and the environment for all releases of hazardous waste or
				  constituents from any solid waste management unit at the facility, regardless
				  of the time at which waste was placed in such unit.
(b) Corrective action will be specified in
				  the permit in accordance with this section and subchapter S of this chapter.
				  The permit will contain schedules of compliance for such corrective action
				  (where such corrective action cannot be completed prior to issuance of the
				  permit) and assurances of financial responsibility for completing such
				  corrective action.
(c) The owner or
				  operator must implement corrective actions beyond the facility property
				  boundary, where necessary to protect human health and the environment, unless
				  the owner or operator demonstrates to the satisfaction of the director that,
				  despite the owner's or operator's best efforts, the owner or operator was
				  unable to obtain the necessary permission to undertake such actions. The
				  owner/operator is not relieved of all responsibility to clean up a release that
				  has migrated beyond the facility boundary where off-site access is denied.
				  On-site measures to address such releases will be determined on a case-by-case
				  basis. Assurances of financial responsibility for such corrective action must
				  be provided.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-110 - Applicability

Current through June, 2024
Except as section
					 11-264-1 provides
					 otherwise:
(a) Sections 11-264-111
				  through 11-264-115 (which concern closure) apply to the owners and operators of
				  all hazardous waste management facilities; and
(b) Sections 11-264-116 through 11-264-120
				  (which concern post-closure care) apply to the owners and operators of:
(1) All hazardous waste disposal
				  facilities;
(2) Waste piles and
				  surface impoundments from 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 11-264-228 or section 11-264-258;
(3) Tank systems that are required under
				  section 11-264-197 to meet the requirements for landfills; and
(4) Containment buildings that are required
				  under section 11-264-1102 to meet the requirement for landfills.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-111 - 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
				  11-264-178, 11-264-197, 11-264-228, 11-264-258, 11-264-280, 11-264-310,
				  11-264-351, and 11-264-601 through 11-264-603, and 11-264-1102.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter G - CLOSURE AND POST-CLOSURE › Section 11-264-112 - Closure plan; amendment of plan

Current through June, 2024
(a) Written plan.
(1) The owner or operator of a hazardous
				  waste management facility must have a written closure plan. In addition,
				  certain surface impoundments and waste piles from which the owner or operator
				  intends to remove or decontaminate the hazardous waste at partial or final
				  closure are required by subparagraph 11-264-228(c)(1)(i) and subparagraph
				  11-264-258(c)(1)(i) to have contingent closure plans. The plan must be
				  submitted with the permit application, in accordance with paragraph
				  11-270-14(b)(13), and approved by the director as part of the permit issuance
				  procedures under chapter 11-271. In accordance with section 11-270-32, the
				  approved closure plan will become a condition of any hazardous waste management
				  permit.
(2) The director's approval
				  of the plan must ensure that the approved closure plan is consistent with
				  sections 11-264-111 through 11-264-115 and the applicable requirements of
				  subchapter F of this chapter, sections 11-264-178, 11-264-197, 11-264-228,
				  11-264-258, 11-264-280, 11-264-310, 11-264-351, 11-264-601, and 11-264-1102.
				  Until final closure is completed and certified in accordance with section
				  11-264-115, a copy of the approved plan and all approved revisions must be
				  furnished to the director upon request, including requests by mail.