Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 268.1 - HAZARDOUS WASTE MANAGEMENT: LAND DISPOSAL RESTRICTIONS › Part 268 - LAND DISPOSAL RESTRICTIONS › Subpart C - Prohibitions on Land Disposal › Section 11-268.38 - Waste specific prohibitions-newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes

Current through June, 2024
(a) Effective
					 December 19, 1994, the wastes specified in
					 40 CFR
					 261.32 as EPA Hazardous Waste numbers K141,
					 K142, K143, K144, K145, K147, K148, K149, K150, and K151 are prohibited from
					 land disposal. In addition, debris contaminated with EPA Hazardous Waste
					 numbers F037, F038, K107-K112, K117, K118, K123-K126, K131, K132, K136, U328,
					 U353, U359, and soil and debris contaminated with D012-D043, K141-K145, and
					 K147-K151 are prohibited from land disposal. The following wastes that are
					 specified in
					 40 CFR
					 261.24, Table 1 as EPA Hazardous Waste
					 numbers: D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022,
					 D023, D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035,
					 D036, D037, D038, D039, D040, D041, D042, D043 that are not radioactive, or
					 that are managed in systems other than those whose discharge is regulated under
					 the Clean Water Act (CWA), or that are zero dischargers that do not engage in
					 CWA-equivalent treatment before ultimate land disposal, or that are injected in
					 Class I deep wells regulated under the Safe Drinking Water Act (SDWA), are
					 prohibited from land disposal. CWA-equivalent treatment means biological
					 treatment for organics, alkaline chlorination or ferrous sulfate precipitation
					 for cyanide, precipitation/ sedimentation for metals, reduction of hexavalent
					 chromium, or other treatment technology that can be demonstrated to perform
					 equally or better than these technologies.
(b) On September 19, 1996, radioactive wastes
					 that are mixed with D018-D043 that are managed in systems other than those
					 whose discharge is regulated under the Clean Water Act (CWA), or that inject in
					 Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or that
					 are zero dischargers that engage in CWA-equivalent treatment before ultimate
					 land disposal, are prohibited from land disposal. CWA-equivalent treatment
					 means biological treatment for organics, alkaline chlorination or ferrous
					 sulfate precipitation for cyanide, precipitation/ sedimentation for metals,
					 reduction of hexavalent chromium, or other treatment technology that can be
					 demonstrated to perform equally or greater than these technologies. Radioactive
					 wastes mixed with K141-K145, and K147-K151 are also prohibited from land
					 disposal. In addition, soil and debris contaminated with these radioactive
					 mixed wastes are prohibited from land disposal.
(c) Between December 19, 1994 and September
					 19, 1996, the wastes included in paragraphs (b) of this section may be disposed
					 in a landfill or surface impoundment, only if such unit is in compliance with
					 the requirements specified in § 268.5(h)(2) [federal] of this
					 Part.
(d) The requirements of
					 paragraphs (a), (b), and (c) of this section do not apply if:
(1) The wastes meet the applicable treatment
					 standards specified in Subpart D of this part;
(2) Persons have been granted an exemption
					 from a prohibition pursuant to a petition under § 268.6 [federal], with
					 respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate
					 treatment standards established pursuant to a petition granted under §
					 268.44 [federal];
(4) Persons have
					 been granted an extension to the effective date of a prohibition pursuant to
					 § 268.5 [federal], with respect to these wastes covered by the
					 extension.