Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 268 - HAZARDOUS WASTE MANAGEMENT LAND DISPOSAL RESTRICTIONS › Subchapter A - GENERAL › Section 11-268-4 - Treatment surface impoundment exemption

Current through June, 2024
(a) Wastes which
				  are otherwise prohibited from land disposal under this chapter may be treated
				  in a surface impoundment or series of impoundments provided that:
(1) Treatment of such wastes occurs in the
				  impoundments;
(2) The following
				  conditions are met:
(i) Sampling and testing.
				  For wastes with treatment standards in subchapter D and/or prohibition levels
				  in subchapter C or RCRA section 3004(d) (
				  42
				  U.S.C. 6924 ) (1984), the residues from
				  treatment are analyzed, as specified in section 11-268-7 or section 11-268-32,
				  to determine if they meet the applicable treatment standards or where no
				  treatment standards have been established for the waste, the applicable
				  prohibition levels. The sampling method, specified in the waste analysis plan
				  under section 11-264-13 or 11-265-13, must be designed such that representative
				  samples of the sludge and the supernatant are tested separately rather than
				  mixed to form homogeneous samples.
(ii) Removal. The following treatment
				  residues (including any liquid waste) must be removed at least annually:
				  residues which do not meet the treatment standards promulgated under subchapter
				  D; residues which do not meet the prohibition levels established under
				  subchapter C or imposed by RCRA section 3004(d) (
				  42
				  U.S.C. 6924 ) (1984) (where no treatment
				  standards have been established); residues which are from the treatment of
				  wastes prohibited from land disposal under subchapter C (where no treatment
				  standards have been established and no prohibition levels apply); or residues
				  from managing listed wastes. If the volume of liquid flowing through the
				  impoundment or series of impoundments annually is greater than the volume of
				  the impoundment or impoundments, this flow-through constitutes removal of the
				  supernatant for the purpose of this requirement.
(iii) Subsequent management. Treatment
				  residues may not be placed in any other surface impoundment for subsequent
				  management.
(iv) Recordkeeping:
				  Sampling and testing and recordkeeping provisions of sections 11-264-13 and
				  11-265-13 apply.
(3) The
				  impoundment meets the design requirements of subsection 11-264-221(c) or
				  11-265-221(a), regardless that the unit may not be new, expanded, or a
				  replacement, and be in compliance with applicable ground water monitoring
				  requirements of subchapter F of chapter 11-264 or chapter 11-265 unless:
(i) Exempted pursuant to subsection
				  11-264-221(d) or (e), or to subsection 11-265-221(c) or (d); or,
(ii) Upon application by the owner or
				  operator, the director, after notice and an opportunity to comment, has granted
				  a waiver of the requirements on the basis that the surface impoundment:
(A) Has at least one liner, for which there
				  is no evidence that such liner is leaking;
(B) Is located more than one-quarter mile
				  from an underground source of drinking water; and
(C) Is in compliance with generally
				  applicable ground water monitoring requirements for facilities with permits;
				  or,
(iii) Upon
				  application by the owner or operator, the director, after notice and an
				  opportunity to comment, has granted a modification to the requirements on the
				  basis of a demonstration that the surface impoundment is located, designed, and
				  operated so as to assure that there will be no migration of any hazardous
				  constituent into ground water or surface water at any future time.
(4) The owner or operator submits
				  to the director a written certification that the requirements of paragraph
				  11-268-4(a)(3) have been met. The following certification is required:
"I certify under penalty of law that the requirements of
					 paragraph (a)(3) of section 11-268-4 of the Hawaii Administrative Rules have
					 been met for all surface impoundments being used to treat restricted wastes. I
					 believe that the submitted information is true, accurate, and complete. I am
					 aware that there are significant penalties for submitting false information,
					 including the possibility of fine and imprisonment."