Haw. Code R. § 11-263-10 - Scope
(a) This chapter establishes standards which
apply to persons transporting hazardous waste into, within, and out of the
State if the transportation requires a manifest under chapter 11-262.
(b) These rules do not apply to on-site
transportation of hazardous waste by generators or by owners or operators of
permitted hazardous waste management facilities.
(c) A transporter of hazardous waste must
also comply with chapter 11-262, Standards Applicable to Generators of
Hazardous Waste, if he:
(1) Transports
hazardous waste into the United States from abroad; or
(2) Mixes hazardous wastes of different
United States Department of Transportation (DOT) shipping descriptions by
placing them into a single container.
(d) A transporter of hazardous waste subject
to the federal manifesting requirements of 40 CFR Part 262, or subject to the
waste management standards of 40 CFR Part 273, or subject to chapter 11-273,
that is being imported from or exported to any of the countries listed in
40 CFR
262.58(a)(1) for purposes of
recovery is subject to this subchapter and to all other relevant requirements
of subchapter H of chapter
11-262, including, but not limited to,
section 11-262-84 for tracking documents.
(e) The regulations in this chapter do not
apply to transportation during an explosives or munitions emergency response,
conducted in accordance with section 11-264-1(g)(8)(i)(D) or (iv) or
11-265-1(c)(11)(i)(D) or (iv), and section 11-270-1(c)(3)(i)(D) or
(iii).
(f) Section 11-266-203 identifies how the requirements of this chapter apply to military munitions
classified as solid waste under section 11-266-202.
(g) All references in tables and appendices
to provisions of the Code of Federal Regulations shall be construed to mean the
State rule analogue of the referenced federal regulation (for example,
40 CFR
260.1 shall be construed to mean section
11-260-1 of the Hawaii Administrative Rules).
Notes
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