Haw. Code R. § 11-264-100 - Corrective action program
An owner or operator required to establish a corrective action program under this subchapter must, at a minimum, discharge the following responsibilities:
(a) The
owner or operator must take corrective action to ensure that regulated units
are in compliance with the ground-water protection standard under section
11-264-92. The director will specify the ground-water protection standard in
the facility permit, including:
(1) A list of
the hazardous constituents identified under section 11-264-93;
(2) Concentration limits under section
11-264-94 for each of those hazardous constituents;
(3) The compliance point under section
11-264-95; and
(4) The compliance
period under section 11-264-96.
(b) The owner or operator must implement a
corrective action program that prevents hazardous constituents from exceeding
their respective concentration limits at the compliance point by removing the
hazardous waste constituents or treating them in place. The permit will specify
the specific measures that will be taken.
(c) The owner or operator must begin
corrective action within a reasonable time period after the ground-water
protection standard is exceeded. The director will specify that time period in
the facility permit. If a facility permit includes a corrective action program
in addition to a compliance monitoring program, the permit will specify when
the corrective action will begin and such a requirement will operate in lieu of
paragraph 11-264-99(i)(2).
(d) In
conjunction with a corrective action program, the owner or operator must
establish and implement a ground-water monitoring program to demonstrate the
effectiveness of the corrective action program. Such a monitoring program may
be based on the requirements for a compliance monitoring program under section
11-264-99 and must be as effective as that program in determining compliance
with the ground-water protection standard under section 11-264-92 and in
determining the success of a corrective action program under subsection (e),
where appropriate.
(e) In addition
to the other requirements of this section, the owner or operator must conduct a
corrective action program to remove or treat in place any hazardous
constituents under section 11-264-93 that exceed concentration limits under
section 11-264-94 in groundwater:
(1) Between
the compliance point under section 11-264-95 and the down-gradient property
boundary; and
(2) Beyond the
facility boundary, where necessary to protect human health and the environment,
unless the owner or operator demonstrates to the satisfaction of the director
that, despite the owner's or operator's best efforts, the owner or operator was
unable to obtain the necessary permission to undertake such action. The
owner/operator is not relieved of all responsibility to clean up a release that
has migrated beyond the facility boundary where off-site access is denied.
On-site measures to address such releases will be determined on a case-by-case
basis.
(3) Corrective action
measures under this section must be initiated and completed within a reasonable
period of time considering the extent of contamination.
(f) The owner or operator must continue
corrective action measures during the compliance period to the extent necessary
to ensure that the ground-water protection standard is not exceeded. If the
owner or operator is conducting corrective action at the end of the compliance
period, he must continue that corrective action for as long as necessary to
achieve compliance with the ground-water protection standard. The owner or
operator may terminate corrective action measures taken beyond the period equal
to the active life of the waste management area (including the closure period)
if he can demonstrate, based on data from the ground-water monitoring program
under subsection (d), that the ground-water protection standard of section
11-264-92 has not been exceeded for a period of three consecutive
years.
(g) The owner or operator
must report in writing to the director on the effectiveness of the corrective
action program. The owner or operator must submit these reports
semi-annually.
(h) If the owner or
operator determines that the corrective action program no longer satisfies the
requirements of this section, he must, within ninety days, submit an
application for a permit modification to make any appropriate changes to the
program.
Notes
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