reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - Financial Requirements › Section 11-264.142 - 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 §§
					 264.111 through 264.115 and applicable closure requirements in §§
					 264.178, 264.197, 264.228, 264.258, 264.280, 264.310, 264.351, 264.601 through
					 264.603, and 264.1102.
(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 § 264.112(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 §
					 264.141(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 § 264.113(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 § 264.113(d), that might have economic
					 value.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - Financial Requirements › Section 11-264.144 - Cost estimate for post-closure care

Current through June, 2024
(a) The owner or
					 operator of a disposal surface impoundment, disposal miscellaneous unit, land
					 treatment unit, or landfill unit, or of a surface impoundment or waste pile
					 required under §§ 264.228 and 264.258 to prepare a contingent closure
					 and post-closure plan, 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
					 §§ 264.117 through 264.120, 264.228, 264.258, 264.280, 264.310, and
					 264.603.
(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 a subsidiary of the owner or operator. (See definition of parent
					 corporation in § 264.141(d).)
(2) The post-closure cost estimate is
					 calculated by multiplying the annual post-closure cost estimate by the number
					 of years of post-closure care required under § 264.117.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - Financial Requirements › Section 11-264.146 - Use of a mechanism for financial assurance of both closure and post-closure care

Current through June, 2024
An owner or operator may satisfy the requirements for
						financial assurance for both closure and post-closure care for one or more
						facilities by using a trust fund, surety bond, letter of credit, insurance,
						financial test, or corporate guarantee that meets the specifications for the
						mechanism in both §§ 264.143 and 264.145. 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - Financial Requirements › Section 11-264.147 - 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 §
					 264.151(i). The wording of the certificate of insurance must be identical to
					 the wording specified in § 264.151(j). The owner or operator must submit a
					 signed duplicate original of the endorsement or the certificate of insurance to
					 the director. If 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. An owner or
					 operator of a new facility must submit the signed duplicate original of the
					 Hazardous Waste Facility Liability Endorsement or the Certificate of Liability
					 Insurance to the director at least 60 days before the date on which hazardous
					 waste is first received for treatment, storage, or disposal. The insurance must
					 be effective before this initial receipt of hazardous waste.
(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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - Financial Requirements › Section 11-264.148 - 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 §§ 264.143(f) and 264.145(f)
					 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 § 264.143, § 264.145, or § 264.147 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart H - Financial Requirements › Section 11-264.151 - Wording of the Instruments

Current through June, 2024
[Use
chapter 11-264.1, Hawaii
						Administrative Rules
for this section. This section not
						reproduced.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-264.170 - Applicability

Current through June, 2024
The regulations in this subpart apply to owners and
						operators of all hazardous waste facilities that store hazardous waste in
						containers, except as § 264.1 provides otherwise.
[Comment: Under § 261.7 and § 261.33(c) of this
						chapter, if a hazardous waste is emptied from a container the residue remaining
						in the container is not considered a hazardous waste if the container is
						"empty" as defined in § 261.7. In that event, management of the container
						is exempt from the requirements of this subpart.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-264.171 - Condition of containers

Current through June, 2024
If a container holding hazardous waste is not in good
						condition (e.g., severe rusting, apparent structural defects) 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-264.172 - Compatibility of waste with containers

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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-264.173 - 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-264.174 - 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 and the containment system
						cause[d] by corrosion or other factors.
See §§ 264.15(c) and 264.171 for remedial
						action required if deterioration or leaks are detected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-264.175 - Containment

Current through June, 2024
(a) Container storage areas must have a
					 containment system that is designed and operated in accordance with paragraph
					 (b) of this section, except as otherwise provided by paragraph (c) of this
					 section.
(b) A containment system
					 must be designed and operated as follows:
(1)
					 A base must underlie the containers which is free of cracks or gaps and is
					 sufficiently impervious to contain leaks, spills, and accumulated precipitation
					 until the collected material is detected and removed;
(2) The base must be sloped or the
					 containment system must be otherwise designed and operated to drain and remove
					 liquids resulting from leaks, spills, or precipitation, unless the containers
					 are elevated or are otherwise protected from contact with accumulated
					 liquids;
(3) The containment system
					 must have sufficient capacity to contain 10% of the volume of containers or the
					 volume of the largest container, whichever is greater. Containers that do not
					 contain free liquids need not be considered in this determination;
(4) Run-on into the containment system must
					 be prevented unless the collection system has sufficient excess capacity in
					 addition to that required in paragraph (b)(3) of this section to contain any
					 run-on which might enter the system; and
(5) Spilled or leaked waste and accumulated
					 precipitation must be removed from the sump or collection area in as timely a
					 manner as is necessary to prevent overflow of the collection system.
[Comment: If the collected material is a hazardous waste
						under part 261 of this Chapter, it must be managed as a hazardous waste in
						accordance with all applicable requirements of parts 262 through 266 of this
						chapter. If the collected material is discharged through a point source to
						waters of the United States, it is subject to the requirements of section 402
						of the Clean Water Act, as amended.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-264.176 - 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 § 264.17(a) for additional
						requirements.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-264.177 - 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 § 264.17(b) is
					 complied with.
(b) Hazardous waste
					 must not be placed in an unwashed container that previously held an
					 incompatible waste or material.
[Comment: As required by § 264.13, the waste
						analysis plan must include analyses needed to comply with § 264.177. Also,
						§ 264.17(c) requires wastes analyses, trial tests or other documentation
						to assure compliance with § 264.17(b). As required by § 264.73, the
						owner or operator must place the results of each waste analysis and trial test,
						and any documented information, in the operating record of the
						facility.]
(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 section is to prevent
						fires, explosions, gaseous emission, 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-264.178 - Closure

Current through June, 2024
At closure, all hazardous waste and hazardous waste
						residues must be removed from the containment system. Remaining containers,
						liners, bases, and soil containing or contaminated with hazardous waste or
						hazardous waste residues must be decontaminated or removed.
[Comment: At closure, as throughout the operating period,
						unless the owner or operator can demonstrate in accordance with § 261.3(d)
						of this chapter that the solid waste removed from the containment system is not
						a hazardous waste, the owner or operator becomes a generator of hazardous waste
						and must manage it in accordance with all applicable requirements of parts 262
						through 266 of this chapter].
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart I - Use and Management of Containers › Section 11-264.179 - 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-264.190 - 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 § 264.1 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 §
					 264.193. 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 § 264.193(a).
(c) Tanks, sumps, and other such collection
					 devices or systems used in conjunction with drip pads, as defined in §
					 260.10 of this chapter and regulated under 40 CFR part 264 subpart W, must meet
					 the requirements of this subpart.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-264.191 - 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 § 264.193, the owner or operator must determine that the
					 tank system is not leaking or is fit 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 and 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, the
					 assessment must include 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, and
(ii) For
					 other than non-enterable underground tanks and for ancillary equipment, this
					 assessment must include either a leak test, as described above, or other
					 integrity examination that is 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 other than a leak
						test.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-264.193 - 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 two 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-264.194 - 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 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
					 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-264.195 - Inspections

Current through June, 2024
(a) The owner or operator must develop and
					 follow a schedule and procedure for inspecting overfill controls.
(b) The owner or operator must inspect 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 264.15(c) requires the owner or operator
						to remedy any deterioration or malfunction he finds. Section 264.196 requires
						the owner or operator to notify the director within 24 hours of confirming a
						leak. Also, 40 CFR part 302 may require the owner or operator to notify the
						National Response Center of a release.]
(c) In addition, except as noted under
					 paragraph (d) of this section, the owner or operator must inspect at least once
					 each operating day:
(1) Above ground portions
					 of the tank system, if any, to detect corrosion or releases of waste.
(2) 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-264.196 - 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 unfit 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/operator must, within 24 hours
					 after detection of the leak or, if the owner/operator demonstrates that it 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 material
					 released 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-264.197 - 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 (§ 264.310). 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 that does not have secondary containment that meets the
					 requirements of § 264.193 (b) through (f) and has not been granted a
					 variance from the secondary containment requirements in accordance with §
					 264.193(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 those 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-264.198 - Special requirements for ignitable or reactive wastes

Current through June, 2024
(a)
					 Ignitable or reactive waste must not be placed in tank systems, 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 264.17(b) is complied with;
					 or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-264.199 - Special requirements for incompatible wastes

Current through June, 2024
(a)
					 Incompatible wastes, or incompatible wastes and materials, must not be placed
					 in the same tank system, unless § 264.17(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 § 264.17(b) is complied
					 with.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart J - Tank Systems › Section 11-264.200 - 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 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - Surface Impoundments › Section 11-264.220 - 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 § 264.1 provides
						otherwise.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - Surface Impoundments › Section 11-264.221 - Design and operating requirements

Current through June, 2024
(a) Any surface
					 impoundment that is not covered by paragraph (c) of this section or §
					 265.221 of this chapter must have a liner for all portions of the impoundment
					 (except for existing portions of such impoundments). The liner must be
					 designed, constructed, and installed to prevent any migration of wastes out of
					 the impoundment to the adjacent subsurface soil or ground water or surface
					 water at any time during the active life (including the closure period) of the
					 impoundment. The liner may be constructed of materials that may allow wastes to
					 migrate into the liner (but not into the adjacent subsurface soil or ground
					 water or surface water) during the active life of the facility, provided that
					 the impoundment is closed in accordance with § 264.228(a)(1). For
					 impoundments that will be closed in accordance with § 264.228(a)(2), the
					 liner must be constructed of materials that can prevent wastes from migrating
					 into the liner during the active life of the facility. The liner must be:
(1) Constructed of materials that have
					 appropriate chemical properties and sufficient strength and thickness to
					 prevent failure due to pressure gradients (including static head and external
					 hydrogeologic forces), physical contact with the waste or leachate to which
					 they are exposed, climatic conditions, the stress of installation, and the
					 stress of daily operation;
(2)
					 Placed upon a foundation or base capable of providing support to the liner and
					 resistance to pressure gradients above and below the liner to prevent failure
					 of the liner due to settlement, compression, or uplift; and
(3) Installed to cover all surrounding earth
					 likely to be in contact with the waste or leachate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - Surface Impoundments › Section 11-264.222 - Action leakage rate

Current through June, 2024
(a) The director
					 shall approve an action leakage rate for surface impoundment units subject to
					 § 264.221 (c) or (d). The action leakage rate is the maximum design flow
					 rate that the leak detection system (LDS) can remove without the fluid head on
					 the bottom liner exceeding 1 foot. The action leakage rate must include an
					 adequate safety margin to allow for uncertainties in the design (e.g., slope,
					 hydraulic conductivity, thickness of drainage material), construction,
					 operation, and location of the LDS, waste and leachate characteristics,
					 likelihood and amounts of other sources of liquids in the LDS, and proposed
					 response actions (e.g., the action leakage rate must consider decreases in the
					 flow capacity of the system over time resulting from siltation and clogging,
					 rib layover and creep of synthetic components of the system, overburden
					 pressures, etc.).
(b) To determine
					 if the action leakage rate has been exceeded, the owner or operator must
					 convert the weekly or monthly flow rate from the monitoring data obtained under
					 § 264.226(d) to an average daily flow rate (gallons per acre per day) for
					 each sump. Unless the director approves a different calculation, the average
					 daily flow rate for each sump must be calculated weekly during the active life
					 and closure period, and if the unit is closed in accordance with §
					 264.228(b), monthly during the post-closure care period when monthly monitoring
					 is required under § 264.226(d).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - Surface Impoundments › Section 11-264.223 - Response actions

Current through June, 2024
(a) The owner or
					 operator of surface impoundment units subject to § 264.221 (c) or (d) must
					 have an approved response action plan before receipt of waste. The response
					 action plan must set forth the actions to be taken if the action leakage rate
					 has been exceeded. At a minimum, the response action plan must describe the
					 actions specified in paragraph (b) of this section.
(b) If the flow rate into the leak detection
					 system exceeds the action leakage rate for any sump, the owner or operator
					 must:
(1) Notify the director in writing of
					 the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment
					 to the director within 14 days of the determination, as to the amount of
					 liquids, likely sources of liquids, possible location, size, and cause of any
					 leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the
					 location, size, and cause of any leak;
(4) Determine whether waste receipt should
					 cease or be curtailed, whether any waste should be removed from the unit for
					 inspection, repairs, or controls, and whether or not the unit should be
					 closed;
(5) Determine any other
					 short-term and longer-term actions to be taken to mitigate or stop any leaks;
					 and
(6) Within 30 days after the
					 notification that the action leakage rate has been exceeded, submit to the
					 director the results of the analyses specified in paragraphs (b) (3), (4), and
					 (5) of this section, the results of actions taken, and actions planned. Monthly
					 thereafter, as long as the flow rate in the leak detection system exceeds the
					 action leakage rate, the owner or operator must submit to the director a report
					 summarizing the results of any remedial actions taken and actions
					 planned.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - Surface Impoundments › Section 11-264.224-11-264.225 - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - Surface Impoundments › Section 11-264.226 - Monitoring and inspection

Current through June, 2024
(a) During
					 construction and installation, liners (except in the case of existing portions
					 of surface impoundments exempt from § 264.221(a)) and cover systems (e.g.,
					 membranes, sheets, or coatings) must be inspected for uniformity, damage, and
					 imperfections (e.g., holes, cracks, thin spots, or foreign materials).
					 Immediately after construction or installation:
(1) Synthetic liners and covers must be
					 inspected to ensure tight seams and joints and the absence of tears, punctures,
					 or blisters; and
(2) Soil-based and
					 admixed liners and covers must be inspected for imperfections including lenses,
					 cracks, channels, root holes, or other structural non-uniformities that may
					 cause an increase in the permeability of the liner or
					 cover.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - Surface Impoundments › Section 11-264.227 - Emergency repairs; contingency plans

Current through June, 2024
(a) A surface
					 impoundment must be removed from service in accordance with paragraph (b) of
					 this section when:
(1) The level of liquids in
					 the impoundment suddenly drops and the drop is not known to be caused by
					 changes in the flows into or out of the impoundment; or
(2) The dike leaks.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart K - Surface Impoundments › Section 11-264.228 - Closure and post-closure care

Current through June, 2024
(a) At closure, the
					 owner or operator must:
(1) Remove or
					 decontaminate all waste residues, contaminated containment system components
					 (liners, etc.), contaminated subsoils, and structures and equipment
					 contaminated with waste and leachate, and manage them as hazardous waste unless
					 § 261.3(d) of this chapter applies; or
(2)
(i)
					 Eliminate free liquids by removing liquid wastes or solidifying the remaining
					 wastes and waste residues;
(ii)
					 Stabilize remaining wastes to a bearing capacity sufficient to support final
					 cover; and
(iii) Cover the surface
					 impoundment with a final cover designed and constructed to:
(A) Provide long-term minimization of the
					 migration of liquids through the closed impoundment;
(B) Function with minimum
					 maintenance;
(C) Promote drainage
					 and minimize erosion or abrasion of the final cover;
(D) Accommodate settling and subsidence so
					 that the cover's integrity is maintained; and
(E) Have a permeability less than or equal to
					 the permeability of any bottom liner system or natural subsoils
					 present.