Haw. Code R. § 11-264-119 - Post-closure notices
(a) No later than
sixty days after certification of closure of each hazardous waste disposal
unit, the owner or operator must submit to the county zoning authority, or the
authority with jurisdiction over local land use, and to the director a record
of the type, location, and quantity of hazardous wastes disposed of within each
cell or other disposal unit of the facility. For hazardous wastes disposed of
before January 12, 1981, the owner or operator must identify the type,
location, and quantity of the hazardous wastes to the best of his knowledge and
in accordance with any records he has kept.
(b) Within sixty days of certification of
closure of the first hazardous waste disposal unit and within sixty days of
certification of closure of the last hazardous waste disposal unit, the owner
or operator must:
(1) Record, in accordance
with State law, a notation on the deed to the facility property -- or on some
other instrument which is normally examined during title search -- that will in
perpetuity notify any potential purchaser of the property that:
(i) The land has been used to manage
hazardous wastes; and
(ii) Its use
is restricted under subchapter G regulations; and
(iii) The survey plat and record of the type,
location, and quantity of hazardous wastes disposed of within each cell or
other hazardous waste disposal unit of the facility required by section
11-264-116 and subsection 11-264-119(a) have been filed with the county zoning
authority or the authority with jurisdiction over local land use and with the
director; and
(2) Submit
a certification, signed by the owner or operator, that he has recorded the
notation specified in paragraph (b)(1), including a copy of the document in
which the notation has been placed, to the director.
(c) If the owner or operator or any
subsequent owner or operator of the land upon which a hazardous waste disposal
unit is located wishes to remove hazardous wastes and hazardous waste residues,
the liner, if any, or contaminated soils, he must request a modification to the
post-closure permit in accordance with the applicable requirements in chapters
11-271 and 11-270. The owner or operator must demonstrate that the removal of
hazardous wastes will satisfy the criteria of subsection 11-264-117(c). By
removing hazardous waste, the owner or operator may become a generator of
hazardous waste and must manage it in accordance with all applicable
requirements of chapters
11-260 through 11-271. If he is
granted a permit modification or otherwise granted approval to conduct such
removal activities, the owner or operator may request that the director approve
either:
(1) The removal of the notation on
the deed to the facility property or other instrument normally examined during
title search; or
(2) The addition
of a notation to the deed or instrument indicating the removal of the hazardous
waste.
Notes
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