reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-265.113 - Closure; time allowed for closure

Current through June, 2024
(a) Within 90 days
					 after receiving the final volume of hazardous wastes, or the final volume of
					 nonhazardous wastes if the owner or operator complies with all applicable
					 requirements in paragraphs (d) and (e) of this section, at a hazardous waste
					 management unit or facility, or within 90 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 paragraph will, of necessity, take longer than 90 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 paragraphs (d) and (e) of this section; 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 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-265.114 - Disposal or decontamination of equipment, structures and soils

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 §§ 265.197, 265.228,
						265.258, 265.280, or 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 part 262 of this
						chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-265.115 - Certification of closure

Current through June, 2024
Within 60 days of completion of closure of each hazardous
						waste surface impoundment, waste pile, land treatment, and landfill unit, and
						within 60 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 a qualified Professional Engineer.
						Documentation supporting the 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 §
						265.143(h).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart 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 county and 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 county and
						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 subpart G regulations.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart 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 §§ 265.117
					 through 265.120 must begin after completion of closure of the unit and continue
					 for 30 years after that date. It must consist of at least the following:
(i) Monitoring and reporting in accordance
					 with the requirements of subparts F, K, L, M, and N of this part; and
(ii) Maintenance and monitoring of waste
					 containment systems in accordance with the requirements of subparts F, K, L, M,
					 and N of this part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-265.119 - Post-closure notices

Current through June, 2024
(a) No later than
					 60 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 60 days of certification of
					 closure of the first hazardous waste disposal unit and within 60 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 40 CFR part 265 , subpart 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 §§
					 265.116 and 265.119(a) 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 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-265.120 - Certification of completion of post-closure care

Current through June, 2024
No later than 60 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 a qualified Professional Engineer. Documentation supporting the
						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 postclosure care under § 265.145(h).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart G - Closure and Post-Closure › Section 11-265.121 - Post-closure requirements for facilities that obtain enforceable documents in lieu of post-closure permits

Current through June, 2024
(a) Owners and
					 operators who are subject to the requirement to obtain a post-closure permit
					 under
					 40 CFR
					 270.1(c), but who obtain
					 enforceable documents in lieu of postclosure permits, as provided under
					 40 CFR
					 270.1(c)(7), must comply
					 with the following requirements:
(1) The
					 requirements to submit information about the facility in
					 40 CFR
					 270.28;
(2) The requirements for facility-wide
					 corrective action in § 264.101 of this chapter;
(3) The requirements of
					 40 CFR 264.91
					 through
					 264.100.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - Financial Requirements › Section 11-265.140 - Applicability

Current through June, 2024
(a) The requirements of §§ 265.142,
					 265.143 and 265.147 through 265.150 apply to owners or operators of all
					 hazardous waste facilities, except as provided otherwise in this section or in
					 § 265.1.
(b) The requirements
					 of §§ 265.144 and 265.145 apply only to owners and operators of:
(1) Disposal facilities;
(2) Tank systems that are required under
					 § 265.197 of this chapter to meet the requirements for landfills;
					 and
(3) Containment buildings that
					 are required under § 265.1102 to meet the requirements for
					 landfills.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart 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 §§
					 265.111 through 265.115 and applicable closure requirements in §§
					 265.197, 265.228, 265.258, 265.280, 265.310, 265.351, 265.381, 265.404, and
					 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 § 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 §
					 265.141(d).) The owner or operator may use costs for onsite 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 § 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 § 265.113(d), that might have economic
					 value.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart 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 §§ 265.117 through 265.120, 265.228, 265.258, 265.280,
					 and 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 § 265.141(d).)
(2) The post-closure cost estimate is
					 calculated by multiplying the annual postclosure cost estimate by the number of
					 years of post-closure care required under § 265.117.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - Financial Requirements › Section 11-265.146 - Use of a mechanism for financial assurance of both closure and postclosure 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 §§ 265.143 and 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 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart 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 paragraphs (a) (1), (2), (3), (4), (5), or (6) of
					 this section:
(1) An owner or operator may
					 demonstrate the required liability coverage by having liability insurance as
					 specified in this paragraph.
(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
					 264151(i) The wording of the certificate of insurance must be identical to the
					 wording specified in 264151(j) The owner or operator must submit a signed
					 duplicate original of the endorsement or the certificate of insurance to the
					 director If the facilities are located in more than one state, identical
					 evidence of financial assurance must be submitted to and maintained with the
					 state agency regulating hazardous waste in all such states or with the
					 appropriate Regional Administrator if the facility is located in an
					 unauthorized state 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 eligible 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 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart 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 10 days after commencement of the proceeding. A guarantor of
					 a corporate guarantee as specified in §§ 265.143(e) and 265.145(e)
					 must make such a notification if he is named as debtor, as required under the
					 terms of the corporate guarantee (§ 264.151(h)).
(b) An owner or operator who fulfills the
					 requirements of § 265.143, § 265.145, or § 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 60 days after such an event.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-265.170 - Applicability

Current through June, 2024
The regulations in this subpart apply to owners and
						operators of all hazardous waste facilities that store containers of hazardous
						waste, except as § 265.1 provides otherwise.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-265.171 - Condition of containers

Current through June, 2024
If a container holding hazardous waste is not in good
						condition, or if it begins to leak, the owner or operator must transfer the
						hazardous waste from this container to a container that is in good condition,
						or manage the waste in some other way that complies with the requirements of
						this part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-265.172 - Compatibility of waste with container

Current through June, 2024
The owner or operator must use a container made of or
						lined with materials which will not react with, and are otherwise compatible
						with, the hazardous waste to be stored, so that the ability of the container to
						contain the waste is not impaired.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-265.173 - Management of containers

Current through June, 2024
(a) A container
					 holding hazardous waste must always be closed during storage, except when it is
					 necessary to add or remove waste.
(b) A container holding hazardous waste must
					 not be opened, handled, or stored in a manner which may rupture the container
					 or cause it to leak.
[Comment: Reuse of containers in transportation is
						governed by U.S. Department of Transportation regulations, including those set
						forth in
						49 CFR
						173.28.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-265.174 - Inspections

Current through June, 2024
At least weekly, the owner or operator must inspect areas
						where containers are stored. The owner or operator must look for leaking
						containers and for deterioration of containers caused by corrosion or other
						factors. See § 265.171 for remedial action required if deterioration or
						leaks are detected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-265.175 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-265.176 - Special requirements for ignitable or reactive waste

Current through June, 2024
Containers holding ignitable or reactive waste must be
						located at least 15 meters (50 feet) from the facility's property line.
[Comment: See § 265.17(a) for additional
						requirements.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-265.177 - Special requirements for incompatible wastes

Current through June, 2024
(a)
					 Incompatible wastes, or incompatible wastes and materials, (see appendix V for
					 examples) must not be placed in the same container, unless § 265.17(b) is
					 complied with.
(b) Hazardous waste
					 must not be placed in an unwashed container that previously held an
					 incompatible waste or material (see appendix V for examples), unless §
					 265.17(b) is complied with.
(c) A
					 storage container holding a hazardous waste that is incompatible with any waste
					 or other materials stored nearby in other containers, piles, open tanks, or
					 surface impoundments must be separated from the other materials or protected
					 from them by means of a dike, berm, wall, or other device.
[Comment: The purpose of this is to prevent fires,
						explosions, gaseous emissions, leaching, or other discharge of hazardous waste
						or hazardous waste constituents which could result from the mixing of
						incompatible wastes or materials if containers break or leak.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-265.178 - Air emission standards

Current through June, 2024
The owner or operator shall manage all hazardous waste
						placed in a container in accordance with the applicable requirements of
						subparts AA, BB, and CC of this part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.190 - Applicability

Current through June, 2024
The requirements of this subpart apply to owners and
						operators of facilities that use tank systems for storing or treating hazardous
						waste except as otherwise provided in paragraphs (a), (b), and (c) of this
						section or in § 265.1 of this part.
(a) Tank systems that are used to store or
					 treat hazardous waste which contains no free liquids and are situated inside a
					 building with an impermeable floor are exempted from the requirements in §
					 265.193. To demonstrate the absence or presence of free liquids in the
					 stored/treated waste, the following test must be used: Method 9095B (Paint
					 Filter Liquids Test) as described in "Test Methods for Evaluating Solid Waste,
					 Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
					 reference in § 260.11 of this chapter.
(b) Tank systems, including sumps, as defined
					 in § 260.10, that serve as part of a secondary containment system to
					 collect or contain releases of hazardous wastes are exempted from the
					 requirements in § 265.193(a).
(c) Tanks, sumps, and other collection
					 devices used in conjunction with drip pads, as defined in § 260.10 of this
					 chapter and regulated under 40 CFR part 265 subpart W, must meet the
					 requirements of this subpart.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.191 - Assessment of existing tank system's integrity

Current through June, 2024
(a) For each
					 existing tank system that does not have secondary containment meeting the
					 requirements of § 265.193, the owner or operator must determine that the
					 tank system is not leaking or is unfit for use. Except as provided in paragraph
					 (c) of this section, the owner or operator must obtain and keep on file at the
					 facility a written assessment reviewed and certified by a qualified
					 Professional Engineer in accordance with § 270.11(d) of this chapter, that
					 attests to the tank system's integrity by January 12, 1988 for HSWA tanks and
					 June 18, 1995 for non-HSWA tanks.
(b) This assessment must determine that the
					 tank system is adequately designed and has sufficient structural strength and
					 compatibility with the waste(s) to be stored or treated to ensure that it will
					 not collapse, rupture, or fail. At a minimum, this assessment must consider the
					 following:
(1) Design standard(s), if
					 available, according to which the tank and ancillary equipment were
					 constructed;
(2) Hazardous
					 characteristics of the waste(s) that have been or will be -handled;
(3) Existing corrosion protection
					 measures;
(4) Documented age of the
					 tank system, if available, (otherwise, an estimate of the age); and
(5) Results of a leak test, internal
					 inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, this
					 assessment must consist of a leak test that is capable of taking into account
					 the effects of temperature variations, tank end deflection, vapor pockets, and
					 high water table effects,
(ii) For
					 other than non-enterable underground tanks and for ancillary equipment, this
					 assessment must be either a leak test, as described above, or an internal
					 inspection and/or other tank integrity examination certified by a qualified
					 Professional Engineer in accordance with § 270.11(d) of this chapter that
					 addresses cracks, leaks, corrosion, and erosion.
[Note: The practices described in the American Petroleum
						Institute (API) Publication, Guide for Inspection of Refinery Equipment,
						Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981,
						may be used, where applicable, as guidelines in conducting the integrity
						examination of an other than non-enterable underground tank system.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.193 - Containment and detection of releases

Current through June, 2024
(a) In order to
					 prevent the release of hazardous waste or hazardous constituents to the
					 environment, secondary containment that meets the requirements of this section
					 must be provided (except as provided in paragraphs (f) and (g) of this
					 section):
(1) For all new and existing tank
					 systems or components, prior to their being put into service.
(2) For tank systems that store or treat
					 materials that become hazardous wastes, within 2 years of the hazardous waste
					 listing, or when the tank system has reached 15 years of age, whichever comes
					 later.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.194 - General operating requirements

Current through June, 2024
(a) Hazardous
					 wastes or treatment reagents must not be placed in a tank system if they could
					 cause the tank, its ancillary equipment, or the secondary containment system to
					 rupture, leak, corrode, or otherwise fail.
(b) The owner or operator must use
					 appropriate controls and practices to prevent spills and overflows from tank or
					 secondary containment systems. These include at a minimum:
(1) Spill prevention controls (e.g., check
					 valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level
					 sensing devices, high level alarms, automatic feed cutoff, or bypass to a
					 standby tank); and
(3) Maintenance
					 of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
					 wind action or by precipitation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.195 - Inspections

Current through June, 2024
(a) The owner or operator must inspect, where
					 present, at least once each operating day, data gathered from monitoring and
					 leak detection equipment (e.g., pressure or temperature gauges, monitoring
					 wells) to ensure that the tank system is being operated according to its
					 design.
Note: Section 265.15(c) requires the owner or operator to
						remedy any deterioration or malfunction he finds. Section 265.196 requires the
						owner or operator to notify the director within 24 hours of confirming a
						release. Also, 40 CFR part 302 may require the owner or operator to notify the
						National Response Center of a release.
(b) Except as noted under the paragraph (c)
					 of this section, the owner or operator must inspect at least once each
					 operating day:
(1) Overfill/spill control
					 equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage
					 systems) to ensure that it is in good working order;
(2) Above ground portions of the tank system,
					 if any, to detect corrosion or releases of waste; and
(3) The construction materials and the area
					 immediately surrounding the externally accessible portion of the tank system,
					 including the secondary containment system (e.g., dikes) to detect erosion or
					 signs of releases of hazardous waste (e.g., wet spots, dead
					 vegetation).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.196 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systems

Current through June, 2024
A tank system or secondary containment system from which
						there has been a leak or spill, or which is un-fit for use, must be removed
						from service immediately, and the owner or operator must satisfy the following
						-requirements:
(a) Cessation of use;
					 prevent flow or addition of wastes. The owner or operator must immediately stop
					 the flow of hazardous waste into the tank system or secondary containment
					 system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or
					 secondary containment system.
(1) If the
					 release was from the tank system, the owner or operator must, within 24 hours
					 after detection of the leak or, if the owner or operator demonstrates that that
					 is not possible, at the earliest practicable time remove as much of the waste
					 as is necessary to prevent further release of hazardous waste to the
					 environment and to allow inspection and repair of the tank system to be
					 performed.
(2) If the release was
					 to a secondary containment system, all released materials must be removed
					 within 24 hours or in as timely a manner as is possible to prevent harm to
					 human health and the environment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.197 - Closure and post-closure care

Current through June, 2024
(a) At closure of a
					 tank system, the owner or operator must remove or decontaminate all waste
					 residues, contaminated containment system components (liners, etc.),
					 contaminated soils, and structures and equipment contaminated with waste, and
					 manage them as hazardous waste, unless § 261.3(d) of this Chapter applies.
					 The closure plan, closure activities, cost estimates for closure, and financial
					 responsibility for tank systems must meet all of the requirements specified in
					 subparts G and H of this part.
(b)
					 If the owner or operator demonstrates that not all contaminated soils can be
					 practicably removed or decontaminated as required in paragraph (a) of this
					 section, then the owner or operator must close the tank system and perform
					 post-closure care in accordance with the closure and post-closure care
					 requirements that apply to landfills (§ 265.310). In addition, for the
					 purposes of closure, post-closure, and financial responsibility, such a tank
					 system is then considered to be a landfill, and the owner or operator must meet
					 all of the requirements for landfills specified in subparts G and H of this
					 part.
(c) If an owner or operator
					 has a tank system which does not have secondary containment that meets the
					 requirements of § 265.193(b) through (f) and which is not exempt from the
					 secondary containment requirements in accordance with § 265.193(g), then,
(1) The closure plan for the tank system must
					 include both a plan for complying with paragraph (a) of this section and a
					 contingent plan for complying with paragraph (b) of this section.
(2) A contingent post-closure plan for
					 complying with paragraph (b) of this section must be prepared and submitted as
					 part of the permit application.
(3)
					 The cost estimates calculated for closure and post-closure care must reflect
					 the costs of complying with the contingent closure plan and the contingent
					 post-closure plan, if these costs are greater than the costs of complying with
					 the closure plan prepared for the expected closure under paragraph (a) of this
					 section.
(4) Financial assurance
					 must be based on the cost estimates in paragraph (c)(3) of this
					 section.
(5) For the purposes of
					 the contingent closure and post-closure plans, such a tank system is considered
					 to be a landfill, and the contingent plans must meet all of the closure,
					 post-closure, and financial responsibility requirements for landfills under
					 subparts G and H of this part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.198 - Special requirements for ignitable or reactive wastes

Current through June, 2024
(a)
					 Ignitable or reactive waste must not be placed in a tank system, unless:
(1) The waste is treated, rendered, or mixed
					 before or immediately after placement in the tank system so that:
(i) The resulting waste, mixture, or
					 dissolved material no longer meets the definition of ignitable or reactive
					 waste under §§ 261.21 or 261.23 of this chapter; and
(ii) Section 265.17(b) is complied with;
					 or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.199 - Special requirements for incompatible wastes

Current through June, 2024
(a)
					 Incompatible wastes, or incompatible waste and materials, must not be placed in
					 the same tank system, unless § 265.17(b) is complied with.
(b) Hazardous waste must not be placed in a
					 tank system that has not been decontaminated and that previously held an
					 incompatible waste or material, unless § 265.17(b) is complied
					 with.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.200 - Waste analysis and trial tests

Current through June, 2024
In addition to performing the waste analysis required by
						§ 265.13, the owner or operator must, whenever a tank system is to be used
						to treat chemically or to store a hazardous waste that is substantially
						different from waste previously treated or stored in that tank system; or treat
						chemically a hazardous waste with a substantially different process than any
						previously used in that tank system:
(a) Conduct waste analyses and trial
					 treatment or storage tests (e.g., bench-scale or pilot-plant scale tests);
					 or
(b) Obtain written, documented
					 information on similar waste under similar operating conditions to show that
					 the proposed treatment or storage will meet the requirements of §
					 265.194(a).
Note: Section 265.13 requires the waste analysis plan to
						include analyses needed to comply with §§ 265.198 and 265.199.
						Section 265.73 requires the owner or operator to place the results from each
						waste analysis and trial test, or the documented information, in the operating
						record of the facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.201 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-265.202 - Air emission standards

Current through June, 2024
The owner or operator shall manage all hazardous waste
						placed in a tank in accordance with the applicable requirements of subparts AA,
						BB, and CC of this part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - Surface Impoundments › Section 11-265.220 - Applicability

Current through June, 2024
The regulations in this subpart apply to owners and
						operators of facilities that use surface impoundments -to treat, store, or
						dispose of hazardous waste, except as § 265.1 provides
						otherwise.