Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270 - HAZARDOUS WASTE MANAGEMENT STATE ADMINISTERED PERMITS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subchapter B - PERMIT APPLICATION › Section 11-270-14 - Contents of Part B: General requirements

Current through June, 2024
(a) Part B of the
				  permit application consists of the general information requirements of this
				  section, and the specific information requirements in sections 11-270-14
				  through 11-270-29 applicable to the facility. The Part B information
				  requirements presented in sections 11-270-14 through 11-270-29 reflect the
				  standards promulgated in chapter 11-264. These information requirements are
				  necessary in order for the department to determine compliance with the chapter
				  11-264 standards. If owners and
				  operators of HWM facilities can demonstrate that the information prescribed in
				  Part B can not be provided to the extent required, the director may make
				  allowance for submission of such information on a case-by-case basis.
				  Information required in Part B shall be submitted to the director and signed in
				  accordance with requirements in section 11-270-11. Certain technical data, such
				  as design drawings and specifications, and engineering studies shall be
				  certified by a registered professional engineer.
(b) General information requirements. The
				  following information is required for all HWM facilities, except as section
				  11-264-1 provides otherwise:
(1) A general
				  description of the facility.
(2)
				  Chemical and physical analyses of the hazardous waste and hazardous debris to
				  be handled at the facility. At a minimum, these analyses shall contain all the
				  information which must be known to treat, store, or dispose of the wastes
				  properly in accordance with chapter
				  11-264.
(3) A copy of the waste analysis plan
				  required by subsection 11-264-13(b) and, if applicable subsection
				  11-264-13(c).
(4) A description of
				  the security procedures and equipment required by section 11-264-14, or a
				  justification demonstrating the reasons for requesting a waiver of this
				  requirement.
(5) A copy of the
				  general inspection schedule required by subsection 11-264-15(b). Include, where
				  applicable, as part of the inspection schedule, specific requirements in
				  section 11-264-174, subsection 11-264-193(i), sections 11-264-195, 11-264-226,
				  11-264-254, 11-264-273, 11-264-303, 11-264-602, 11-264-1033, 11-264-1052,
				  11-264-1053, 11-264-1058, 11-264-1084, 11-264-1085, 11-264-1086, and
				  11-264-1088.
(6) A justification of
				  any request for a waiver(s) of the preparedness and prevention requirements of
				  chapter
				  11-2
				  64, subchapter C.
(7) A copy of the
				  contingency plan required by chapter
				  11-264, subchapter D. Note: Include,
				  where applicable, as part of the contingency plan, specific requirements in
				  sections 11-264-227, 11-264-255, and 11-264-200.
(8) A description of procedures, structures,
				  or equipment used at the facility to:
(i)
				  Prevent hazards in unloading operations (for example, ramps, special
				  forklifts;
(ii) Prevent runoff from
				  hazardous waste handling areas to other areas of the facility or environment,
				  or to prevent flooding (for example, berms, dikes, trenches);
(iii) Prevent contamination of water
				  supplies;
(iv) Mitigate effects of
				  equipment failure and power outages;
(v) Prevent undue exposure of personnel to
				  hazardous waste (for example, protective clothing); and
(vi) Prevent releases to
				  atmosphere.
(9) A
				  description of precautions to prevent accidental ignition or reaction of
				  ignitable, reactive, or incompatible wastes as required to demonstrate
				  compliance with section 11-264-17 including documentation demonstrating
				  compliance with subsection 11-264-17(c).
(10) Traffic pattern, estimated volume
				  (number, types of vehicles) and control (for example, show turns across traffic
				  lanes, and stacking lanes (if appropriate); describe access road surfacing and
				  load bearing capacity; show traffic control signals).
(11) Facility location information;
(i) In order to determine the applicability
				  of the seismic standard the owner or operator of a new facility must identify
				  the political jurisdiction (e.g., county, township, or election district) in
				  which the facility is proposed to be located.
(ii) If the facility is proposed to be
				  located on the Island of Hawaii, the owner or operator shall demonstrate
				  compliance with the seismic standard. This demonstration may be made using
				  either published geologic data or data obtained from field investigations
				  carried out by the applicant. The information provided must be of such quality
				  to be acceptable to geologists experienced in identifying and evaluating
				  seismic activity. The information submitted must show that either:
(A) No faults which have had displacement in
				  Holocene time are present, or no lineations which suggest the presence of a
				  fault (which have displacement in Holocene time) within three-thousand feet of
				  a facility are present, based on data from:
(1) Published geologic studies.
(2) Aerial reconnaissance of the area within
				  a five-mile radius from the facility.
(3) An analysis of aerial photographs
				  covering a three-thousand foot radius of the facility, and
(4) If needed to clarify the above data, a
				  reconnaissance based on walking portions of the area within three-thousand feet
				  of the facility, or
(B)
				  If faults (to include lineations) which have had displacement in Holocene time
				  are present within three-thousand feet of a facility, no faults pass with
				  two-hundred feet of the portions of the facility where treatment, storage, or
				  disposal of hazardous waste will be conducted, based on data from a
				  comprehensive geologic analysis of the site. Unless a site analysis is
				  otherwise conclusive concerning the absence of faults within two-hundred feet
				  of such portions of the facility data shall be obtained from a subsurface
				  exploration (trenching) of the area within a distance no less than two-hundred
				  feet from portions of the facility where treatment, storage, or disposal of
				  hazardous waste will be conducted. Such trenching shall be performed in a
				  direction that is perpendicular to known faults (which have had displacement in
				  Holocene time) passing within three-thousand feet of the portions of the
				  facility where treatment, storage, or disposal of hazardous waste will be
				  conducted. Such investigation shall document with supporting maps and other
				  analyses, the location of faults found.
(iii) Owners and operators of all facilities
				  shall provide an identification of whether the facility is located within a
				  one-hundred year floodplain.
This identification must indicate the source of data for
					 such determination and include a copy of the relevant Federal Insurance
					 Administration (FIA) flood map, if used, or the calculations and maps used
					 where an FIA map is not available. Information shall also be provided
					 identifying the one-hundred year flood level and any other special flooding
					 factors (e.g., wave action) which must be considered in designing,
					 constructing, operating, or maintaining the facility to withstand washout from
					 a one-hundred year flood.
Where maps for the National Flood Insurance Program
					 produced by the Federal Insurance Administration (FIA) of the Federal Emergency
					 Management Agency are available, they will normally be determinative of whether
					 a facility is located within or outside of the 100-year flood-plain. However,
					 where the FIA map excludes an area (usually areas of the flood-plain less than
					 200 feet in width), these areas must be considered and a determination made as
					 to whether they are in the 100-year floodplain. Where FIA maps are not
					 available for a proposed facility location, the owner or operator must use
					 equivalent mapping techniques to determine whether the facility is within the
					 100-year floodplain, and if so located, what the 100-year flood elevation would
					 be.
(iv) Owners and
				  operators of facilities located in the one-hundred year floodplain must provide
				  the following information:
(A) Engineering
				  analysis to indicate the various hydrodynamic and hydrostatic forces expected
				  to result at the site as consequence of a one-hundred year flood.
(B) Structural or other engineering studies
				  showing the design of operational units (e.g., tanks, incinerators) and flood
				  protection devices (e.g., floodwalls, dikes) at the facility and how these will
				  prevent washout.
(C) If applicable,
				  and in lieu of clauses(b)(11)(iv)(A) and (b) (11) (iv) (B), a detailed
				  description of procedures to be followed to remove hazardous waste to safety
				  before the facility is flooded, including:
(1) Timing of such movement relative to flood
				  levels, including estimated time to move the waste, to show that such movement
				  can be completed before floodwaters reach the facility.
(2) A description of the location(s) to which
				  the waste will be moved and demonstration that those facilities will be
				  eligible to receive hazardous waste in accordance with the rules under chapters
				  11-270, 11-271, and 11-264 through 11-266.
(3) The planned procedures, equipment, and
				  personnel to be used and the means to ensure that such resources will be
				  available in time for use.
(4) The
				  potential for accidental discharges of the waste during
				  movement.
(v)
				  Existing facilities NOT in compliance with subsection 11-264-18(b) shall
				  provide a plan showing how the facility will be brought into compliance and a
				  schedule for compliance.
(12) An outline of both the introductory and
				  continuing training programs by owners or operators to prepare persons to
				  operate or maintain the HWM facility in a safe manner as required to
				  demonstrate compliance with section 11-264-16. A brief description of how
				  training will be designed to meet actual job tasks in accordance with
				  requirements in paragraph 11-264-16(a)(3).
(13) A copy of the closure plan and, where
				  applicable, the post-closure plan required by sections 11-264-112, 11-264-118,
				  and 11-264-197. Include, where applicable, as part of the plans, specific
				  requirements in sections 11-264-178, 11-264-197, 11-264-228, 11-264-258,
				  11-264-280, 11-264-310, 11-264-351, 11-264-601, and 11-264-603.
(14) For hazardous waste disposal units that
				  have been closed, documentation that notices required under section 11-264-119
				  have been filed.
(15) The most
				  recent closure cost estimate for the facility prepared in accordance with
				  section 11-264-142 and a copy of the documentation required to demonstrate
				  financial assurance under section 11-264-143. For a new facility, a copy of the
				  required documentation may be submitted sixty days prior to the initial receipt
				  of hazardous wastes, if that is later than the submission of the Part
				  B.
(16) Where applicable, the most
				  recent post-closure cost estimate for the facility prepared in accordance with
				  section 11-264-144 plus a copy of the documentation required to demonstrate
				  financial assurance under section 11-264-145. For a new facility, a copy of the
				  required documentation may be submitted sixty days prior to the initial receipt
				  of hazardous wastes, if that is later than the submission of the Part
				  B.
(17) Where applicable, a copy of
				  the insurance policy or other documentation which comprises compliance with the
				  requirements of section 11-264-147. For a new facility, documentation showing
				  the amount of insurance meeting the specification of subsection 11-264-147(a)
				  and, if applicable, subsection 11-264-147(b), that the owner or operator plans
				  to have in effect before initial receipt of hazardous waste for treatment,
				  storage, or disposal. A request for a variance in the amount of required
				  coverage, for a new or existing facility, may be submitted as specified in
				  subsection 11-264-147(c).
(18)
				  [Reserved]
(19) A topographic map
				  showing a distance of one-thousand feet around the facility at a scale of 2.5
				  centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours
				  must be shown on the map. The contour interval must be sufficient to clearly
				  show the pattern of surface water flow in the vicinity of and from each
				  operational unit of the facility. For example, contours with an interval of 1.5
				  meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval
				  of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and
				  operators of HWM facilities located in mountainous areas should use large
				  contour intervals to adequately show topographic profiles of facilities. The
				  map shall clearly show the following:
(i) Map
				  scale and date.
(ii) One-hundred
				  year floodplain area.
(iii) Surface
				  waters including intermittant streams.
(iv) Surrounding land uses (residential,
				  commercial, agricultural, recreational).
(v) A wind rose (i.e., prevailing wind-speed
				  and direction).
(vi) Orientation of
				  the map (north arrow).
(vii) Legal
				  boundaries of the HWM facility site.
(viii) Access control (fences,
				  gates).
(ix) Injection and
				  withdrawal wells both on-site and off-site.
(x) Buildings; treatment, storage, or
				  disposal operations; or other structure (recreation areas, runoff control
				  systems, access and internal roads, storm, sanitary, and process sewerage
				  systems, loading and unloading areas, fire control facilities, etc.).
(xi) Barriers for drainage or flood
				  control.
(xii) Location of
				  operational units within the HWM facility site, where hazardous waste is (or
				  will be) treated, stored, or disposed (include equipment cleanup areas). For
				  large HWM facilities the department will allow the use of other scales on a
				  case-by-case basis.
(20)
				  Applicants may be required to submit such information as may be necessary to
				  enable the director to carry out his or her duties under other State laws or
				  applicable federal laws.
(21) For
				  land disposal facilities, if a case-by-case extension has been approved under
				  section 11-268-5 or a petition has been approved under section 11-268-6, a copy
				  of the notice of approval for the extension or petition is required.
(22) A summary of the pre-application
				  meeting, along with a list of attendees and their addresses, and copies of any
				  written comments or materials submitted at the meeting, as required under
				  section 11-271-31(c).