Haw. Code R. § 11-264-118 - Post-closure plan; amendment of plan
(a) Written Plan.
The owner or operator of a hazardous waste disposal unit must have a written
post-closure plan. In addition, certain surface impoundments and waste piles
from which the owner or operator intends to remove or decontaminate the
hazardous wastes at partial or final closure are required by subparagraphs
11-264-228(c)(1)(ii) and 11-264-258(c)(1)(ii) to have contingent post-closure
plans. Owners or operators of surface impoundments and waste piles not
otherwise required to prepare contingent post-closure plans under subparagraphs
11-264-228(c)(1)(ii) and 11-264-258(c)(1)(ii) must submit a post-closure plan
to the director within ninety days from the date that the owner or operator or
director determines that the hazardous waste management unit must be closed as
a landfill, subject to the requirements of sections 11-264-117 through
11-264-120. The plan must be submitted with the permit application, in
accordance with paragraph 11-270-14(b)(13), and approved by the director as
part of the permit issuance procedures under chapter 11-271. In accordance with
section 11-270-32, the approved post-closure plan will become a condition of
any hazardous waste management permit issued.
(b) For each hazardous waste management unit
subject to the requirements of this section, the post-closure plan must
identify the activities that will be carried on after closure of each disposal
unit and the frequency of these activities, and include at least:
(1) A description of the planned monitoring
activities and frequencies at which they will be performed to comply with
subchapters F, K, L, M, N, and X during the post-closure care period;
and
(2) A description of the
planned maintenance activities, and frequencies at which they will be
performed, to ensure:
(i) The integrity of
the cap and final cover or other containment systems in accordance with the
requirements of subchapters F, K, L, M, N, and X; and
(ii) The function of the monitoring equipment
in accordance with the requirements of subchapters F, K, L, M, N, and X;
and
(3) The name,
address, and phone number of the person or office to contact about the
hazardous waste disposal unit or facility during the post-closure care
period.
(c) Until final
closure of the facility, a copy of the approved post-closure plan must be
furnished to the director upon request, including request by mail. After final
closure has been certified, the person or office specified in paragraph
11-264-188(b)(3) must keep the approved post-closure plan during the remainder
of the post-closure period.
(d)
Amendment of plan. The owner or operator must submit a written notification of
or request for a permit modification to authorize a change in the approved
post-closure plan in accordance with the applicable requirements in chapters
11-271 and 11-270. The written notification or request must include a copy of
the amended post-closure plan for review or approval by the director.
(1) The owner or operator may submit a
written notification or request to the director for a permit modification to
amend the post-closure plan at any time during the active life of the facility
or during the post-closure care period.
(2) The owner or operator must submit a
written notification of or request for a permit modification to authorize a
change in the approved post-closure plan whenever:
(i) Changes in operating plans or facility
design affect the approved post-closure plan, or
(ii) There is a change in the expected year
of final closure, if applicable, or
(iii) Events which occur during the active
life of the facility, including partial and final closures, affect the approved
post-closure plan.
(3)
The owner or operator must submit a written request for a permit modification
at least sixty days prior to the proposed change in facility design or
operation, or no later than sixty days after an unexpected event has occurred
which has affected the post-closure plan. An owner or operator of a surface
impoundment or waste pile that intends to remove all hazardous waste at closure
and is not otherwise required to submit a contingent post-closure plan under
subparagraphs 11-264-228(c)(1)(ii) and 11-264-258(c)(1)(ii) must submit a
post-closure plan to the director no later than ninety days after the date that
the owner or operator or director determines that the hazardous waste
management unit must be closed as a landfill, subject to the requirements of
section 11-264-310. The director will approve, disapprove or modify this plan
in accordance with the procedures in chapters
11-271 and 11-270. In accordance with
section 11-270-32, the approved post-closure plan will become a permit
condition.
(4) The director may
request modifications to the plan under the conditions described in paragraph
11-264-118(d)(2). The owner or operator must submit the modified plan no later
than sixty days after the director's request, or no later than ninety days if
the unit is a surface impoundment or waste pile not previously required to
prepare a contingent post-closure plan. Any modifications requested by the
director will be approved, disapproved, or modified in accordance with the
procedures in chapters
11-271 and 11-270.
Notes
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