Haw. Code R. § 11-264-117 - Post-closure care and use of property
(a)
(1) Post-closure care for each hazardous
waste management unit subject to the requirements of sections 11-264-117 through 11-264-120 must begin after completion of closure of the unit and
continue for thirty years after that date and must consist of at least the
following:
(i) Monitoring and reporting in
accordance with the requirements of subchapters F, K, L, M, N and X;
and
(ii) Maintenance and monitoring
of waste containment systems in accordance with the requirements of subchapters
F, K, L, M, N, and X.
(2) Any time preceding partial closure of a
hazardous waste management unit subject to post-closure care requirements or
final closure, or any time during the post-closure period for a particular
unit, the director may, in accordance with the permit modification procedures
in chapters 11-271 and 11-270:
(i) Shorten
the post-closure care period applicable to the hazardous waste management unit,
or facility, if all disposal units have been closed, if he finds that the
reduced period is sufficient to protect human health and the environment (e.g.,
leachate or ground-water monitoring results, characteristics of the hazardous
wastes, application of advanced technology, or alternative disposal, treatment,
or re-use techniques indicate that the hazardous waste management unit or
facility is secure); or
(ii) Extend
the post-closure care period applicable to the hazardous waste management unit
or facility if he finds that the extended period is necessary to protect human
health and the environment (e.g., leachate or ground-water monitoring results
indicate a potential for migration of hazardous wastes at levels which may be
harmful to human health and the environment).
(b) The director may require, at partial and
final closure, continuation of any of the security requirements of section
11-264-14 during part or all of the post-closure period when:
(1) Hazardous wastes may remain exposed after
completion of partial or final closure; or
(2) Access by the public or domestic
livestock may pose a hazard to human health.
(c) Post-closure use of property on or in
which hazardous wastes remain after partial or final closure must never be
allowed to disturb the integrity of the final cover, liner(s), or any other
components of the containment system, or the function of the facility's
monitoring systems, unless the director finds that the disturbance:
(1) Is necessary to the proposed use of the
property, and will not increase the potential hazard to human health or the
environment; or
(2) Is necessary to
reduce a threat to human health or the environment.
(d) All post-closure care activities must be
in accordance with the provisions of the approved post-closure plan as
specified in section 11-264-118.
Notes
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