Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 58.1 - SOLID WASTE MANAGEMENT CONTROL › Subchapter 2 - SOLID WASTE DISPOSAL FACILITIES › Section 11-58.1-16 - Municipal solid waste landfills - ground water protection

Current through June, 2024
(a) Applicability.
(1) The requirements in sections 11-58.1-11
				  through 11-58.1-18 apply to MSWLF units, except as provided in paragraph
				  (2).
(2) Ground water monitoring
				  requirements under subsections (b) through (e) may be suspended by the director
				  for a MSWLF unit if the owner or operator can demonstrate that there is no
				  potential for migration of hazardous constituents from that MSWLF unit to the
				  uppermost aquifer (as defined in section 11-58.1-03 ) during the active life of
				  the unit and the post-closure care period. This demonstration must be certified
				  by a qualified ground water scientist and approved by the director, and must be
				  based upon:
(A) Site-specific field collected
				  measurements, sampling, and analysis of physical, chemical, and biological
				  processes affecting contaminant fate and transport; and
(B) Contaminant fate and transport
				  predictions that maximize contaminant migration and consider impacts on human
				  health and environment.
(3) Owners and operators of MSWLF units must
				  comply with the ground-water monitoring requirements of sections 11-58.1-11
				  through 11-58.1-18 according to the following schedule unless an alternative
				  schedule is specified under paragraph (4):
(A) Existing MSWLF units and lateral
				  expansions less than one mile from a drinking water intake (surface or
				  subsurface) must be in compliance with the ground-water monitoring requirements
				  specified in subsections (b) through (e) by October 9, 1994;
(B) Existing MSWLF units and lateral
				  expansions greater than one mile but less than two miles from a drinking water
				  intake (surface or subsurface) must be in compliance with the ground-water
				  monitoring requirements specified in subsections (b) through (e) by October 9,
				  1995;
(C) Existing MSWLF units and
				  lateral expansions greater than two miles from a drinking water intake (surface
				  or subsurface) must be in compliance with the ground-water monitoring
				  requirements specified in subsections (b) through (e) by October 9,
				  1996;
(D) New MSWLF units must be
				  in compliance with the ground-water monitoring requirements specified in
				  subsections (b) through (e) before waste can be placed in the unit.
(4) The director may specify an
				  alternative schedule for the owners or operators of existing MSWLF units and
				  lateral expansions to comply with the ground-water monitoring requirements
				  specified in subsections (b) through (e). This schedule must ensure that fifty
				  per cent of all existing MSWLF units are in compliance by October 9, 1994 and
				  that all existing MSWLF units are in compliance by October 9, 1996. In setting
				  the compliance schedule, the director must consider potential risks posed by
				  the unit to human health and the environment. The following factors should be
				  considered in determining potential risk:
(A)
				  Proximity of human and environmental receptors;
(B) Design of the MSWLF unit;
(C) Age of the MSWLF unit;
(D) The size of the MSWLF unit;
(E) Types and quantities of wastes disposed
				  including sewage sludge; and
(F)
				  Resource value of the underlying aquifer, including:
(i) Current and future uses;
(ii) Proximity and withdrawal rate of users;
				  and
(iii) Ground-water quality and
				  quantity.
(5)
				  Once established at a MSWLF unit, ground-water monitoring shall be conducted
				  throughout the active life and post-closure care period of that MSWLF unit as
				  specified in section 11-58.1-17(b).
(6) The director may establish alternative
				  schedules for demonstrating compliance with subsection (b)(4)(B), pertaining to
				  notification of placement of certification in operating record; subsection
				  (d)(3)(A), pertaining to notification that statistically significant increase
				  (SSI) notice is in operating record; subsection (d) (3) (B) and (C) ,
				  pertaining to an assessment monitoring program; subsection (e) (2) , pertaining
				  to sampling and analyzing Appendix II constituents; subsection (e)(4)(A),
				  pertaining to placement of notice (Appendix II constituents detected) in record
				  and notification of notice in record; subsection (e) (4) (B) , pertaining to
				  sampling for Appendix I and II; subsection (e) (7) , pertaining to notification
				  (and placement of notice in record) of SSI above ground-water protection
				  standard; subsections (e)(7)(A)(iv) and (f)(1), pertaining to assessment of
				  corrective measures; subsection (g) (1) , pertaining to selection of remedy and
				  notification of placement in record; subsection (h) (3) (D) , pertaining to
				  notification of placement in record (alternative corrective action measures);
				  and subsection (h) (6) , pertaining to notification of placement in record
				  (certification of remedy completed).