Haw. Code R. § 11-262-34 - Accumulation time
(a) Except as provided in subsections (d),
(e), and (f), a generator may accumulate hazardous waste on-site for ninety
days or less without a permit or without having interim status, provided that:
(1) The waste is placed:
(i) In containers and the generator complies
with subchapter I of chapter 11-265; and or
(ii) In tanks and the generator complies with
subchapter J of chapter 11-265, except subsection 11-265-197(c) and section
11-265-200; and or
(iii) On drip
pads and the generator complies with subchapter W of chapter 11-265 and
maintains the following records at the facility:
(A) A description of procedures that will be
followed to ensure that all wastes are removed from the drip pad and associated
collection system at least once every ninety days; and
(B) Documentation of each waste removal,
including the quantity of waste removed from the drip pad and the sump or
collection system and the date and time of removal; and or
(iv) The waste is placed in containment
buildings and the generator complies with subchapter DD of chapter 11-265, has
placed its professional engineer certification that the building complies with
the design standards specified in section 11-265-1101 in the facility's
operating record. The professional engineer certification is required prior to
operation of the unit. The owner or operator shall maintain the following
records at the facility:
(A) A written
description of procedures to ensure that each waste volume remains in the unit
for no more than ninety days, a written description of the waste generation and
management practices for the facility showing that they are consistent with
respecting the ninety day limit, and documentation that the procedures are
complied with; or
(B) Documentation
that the unit is emptied at least once every ninety days. In addition, such a
generator is exempt from all the requirements in subchapters G and H of chapter
11-265, except for section 11-265-111 and section 11-265-114.
(2) The date upon which
each period of accumulation begins is clearly marked and visible for inspection
on each container;
(3) While being
accumulated on-site, each container and tank is labeled or marked clearly with
the words, "Hazardous Waste"; and
(4) The generator complies with the
requirements for owners or operators in subchapters C and D in chapter 11-265,
with section 11-265-16, and with paragraph 11-268-7(a)(4).
(b) A generator who accumulates hazardous
waste for more than ninety days is an operator of a storage facility and is
subject to the requirements of chapters 11-264 and 11-265 and the permit
requirements of chapter 11-270 unless he has been granted an extension to the
ninety-day period. Such extension may be granted by the department if hazardous
wastes must remain on-site for longer than ninety days due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to thirty days
may be granted at the discretion of the director on a case-by-case
basis.
(c)
(1) A generator may accumulate as much as
fifty-five gallons of hazardous waste or one quart of acutely hazardous waste
listed in subsection 11-261-33(e) in containers at or near any point of
generation where wastes initially accumulate, which is under the control of the
operator of the process generating the waste, without a permit or interim
status and without complying with subsection (a) of this section provided he:
(ii) Marks his containers either with the
words "Hazardous Waste" or with other words that identify the contents of the
containers.
(2) A
generator who accumulates either hazardous waste or acutely hazardous waste
listed in subsection 11-261-33(e) in excess of the amounts listed in paragraph
(c)(1) of this section at or near any point of generation must, with respect to
that amount of excess waste, comply within three days with subsection (a) of
this section or other applicable provisions of chapters
11-260 through 11-279. During the
three day period the generator must continue to comply with subparagraphs
(c)(1)(i) through (ii) of this section. The generator must mark the container
holding the excess accumulation of hazardous waste with the date the excess
amount began accumulating.
(d) A generator who generates greater than
one-hundred kilograms but less than one-thousand kilograms of hazardous waste
in a calendar month may accumulate hazardous waste on-site for 180 days or less
without a permit or without having interim status provided that:
(1) The quantity of waste accumulated on-site
never exceeds six-thousand kilograms;
(2) The generator complies with the
requirements of subchapter I of chapter 11-265, except for sections 11-265-176 and 11-265-178;
(3) The generator
complies with the requirements of section 11-265-201 in subchapter J of chapter
11-265;
(4) The generator complies with the
requirements of paragraphs (a)(2) and (a)(3) of this section, the requirements
of subchapter C of chapter 11-265, the requirements of 11-268-7(a)(4);
and
(5) The generator complies with
the following requirements:
(i) At all times
there must be at least one employee either on the premises or on call (i.e.,
available to respond to an emergency by reaching the facility within a short
period of time) with the responsibility for coordinating all emergency response
measures specified in subparagraph (d)(5)(iv) of this section. This employee is
the emergency coordinator.
(ii) The
generator must post the following information next to the telephone:
(A) The name and telephone number of the
emergency coordinator;
(B) Location
of fire extinguishers and spill control material, and, if present, fire alarm;
and
(C) The telephone number of the
fire department, unless the facility has a direct alarm.
(iii) The generator must ensure that all
employees are thoroughly familiar with proper waste handling and emergency
procedures, relevant to their responsibilities during normal facility
operations and emergencies;
(iv)
The emergency coordinator or his or her designee must respond to any
emergencies that arise. The applicable responses are as follows:
(A) In the event of a fire, call the fire
department or attempt to extinguish it using a fire extinguisher;
(B) In the event of a spill, contain the flow
of hazardous waste to the extent possible, and as soon as is practicable, clean
up the hazardous waste and any contaminated materials or soil;
(C) In the event of a fire, explosion, or
other release which could threaten human health outside the facility or when
the generator has knowledge that a spill has reached surface water, the
generator must immediately notify the federal National Response Center (using
their 24-hour toll free number 800/424-8802) and the Hawaii Department of
Health's Hazard Evaluation and Emergency Response Office via the State Hospital
at (808) 247-2191 after business hours or directly at (808) 586-4249 during
business hours. The report must include the following information:
(1) The name, address, and U.S. EPA
identification number of the generator;
(2) Date, time, and type of incident (e.g.,
spill or fire);
(3) Quantity and
type of hazardous waste involved in the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition of
recovered materials, if any.
(e) A generator who generates
greater than one-hundred kilograms but less than one-thousand kilograms of
hazardous waste in a calendar month and who must transport his waste, or offer
his waste for transportation, over a distance of two-hundred miles or more for
off-site treatment, storage or disposal may accumulate hazardous waste on-site
for two-hundred and seventy days or less without a permit or without having
interim status provided that he complies with the requirements of subsection
(d) of this section.
(f) A
generator who generates greater than one-hundred kilograms but less than
one-thousand kilograms of hazardous waste in a calendar month and who
accumulates hazardous waste in quantities exceeding six-thousand kilograms or
accumulates hazardous waste for more than one-hundred and eighty days (or for
more than two-hundred and seventy days if he must transport his waste, or offer
his waste for transportation, over a distance of two-hundred miles or more) is
an operator of a storage facility and is subject to the requirements of
chapters
11-264 and 11-265 and the permit
requirements of chapter 11-270 unless he has been granted an extension to the
180 day (or 270 day if applicable) period. Such extension may be granted by the
department if hazardous wastes must remain on-site for longer than 180 days (or
270 days if applicable) due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to thirty days may be granted at the
discretion of the director on a case-by-case basis.
(g) Failure to comply with any provision of
this section shall constitute a violation of these rules as to which the
department may take enforcement action under HRS section
342J-7, including but
not limited to
342J-7(a)(1), (a)(2), and
(a)(3).
Notes
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