Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 268 - HAZARDOUS WASTE MANAGEMENT LAND DISPOSAL RESTRICTIONS › Subchapter A - GENERAL › Section 11-268-9 - Special rules regarding wastes that exhibit a characteristic

Current through June, 2024
(a) The initial generator of a solid waste
				  must determine each EPA Hazardous Waste Number (waste code) applicable to the
				  waste in order to determine the applicable treatment standards under subchapter
				  D of this chapter. For purposes of chapter 11-268, the waste will carry the
				  waste code for any applicable listed waste (11-261, subchapter D). In addition,
				  where the waste exhibits a characteristic, the waste will carry one or more of
				  the characteristic waste codes (11-261, subchapter C), except when the
				  treatment standard for the listed waste operates in lieu of the treatment
				  standard for the characteristic waste, as specified in subsection (b) of this
				  section. If the generator determines that their waste displays a hazardous
				  characteristic (and is not DOOl nonwastewaters treated by CMBST, RORGS, or
				  POLYM of section 11-268-42, Table 1), the generator must determine the
				  underlying hazardous constituents (as defined in section 11-268-2(i) ) , in the
				  characteristic waste.
(b) Where a
				  prohibited waste is both listed under chapter 11-261, subchapter D and exhibits
				  a characteristic under chapter 11-261, subchapter C, the treatment standard for
				  the waste code listed in chapter 11-261, subchapter D will operate in lieu of
				  the standard for the waste code under chapter 11-261, subchapter C, provided
				  that the treatment standard for the listed waste includes a treatment standard
				  for the constituent that causes the waste to exhibit the characteristic.
				  Otherwise, the waste must meet the treatment standards for all applicable
				  listed and characteristic waste codes.
(c) In addition to any applicable standards
				  determined from the initial point of generation, no prohibited waste which
				  exhibits a characteristic under chapter 11-261, subchapter C may be land
				  disposed unless the waste complies with the treatment standards under
				  subchapter D of this chapter.
(d)
				  Wastes that exhibit a characteristic are also subject to section 11-268-7
				  requirements, except that once the waste is no longer hazardous, a one-time
				  notification and certification must be placed in the generators or treaters
				  files and sent to the department. The notification and certification that is
				  placed in the generators or treaters files must be updated if the process or
				  operation generating the waste changes and/or if the solid waste management
				  facility receiving the waste changes. However, the generator or treater need
				  only notify the department on an annual basis if such changes occur. Such
				  notification and certification should be sent to the department by the end of
				  the calendar year, but no later than December 31.
(1) The notification must include the
				  following information:
(i) Name and address
				  of the solid waste management facility receiving the waste shipment;
				  and
(ii) A description of the waste
				  as initially generated, including the applicable EPA hazardous waste code(s),
				  treatability group(s), and underlying hazardous constituents (as defined in
				  section 11-268-2(i) ), unless the waste will be treated and monitored for all
				  underlying hazardous constituents. If all underlying hazardous constituents
				  will be treated and monitored, there is no requirement to list any of the
				  underlying hazardous constituents on the notice.