Haw. Code R. § 11-264-258 - Closure and post-closure care

(a) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless subsection 11-261-3(d) applies.

(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection (a), the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he must close the facility and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (section 11-264-310).

(c)

(1) The owner or operator of a waste pile that does not comply with the liner requirements of paragraph 11-264-251(a)(1) and is not exempt from them in accordance with subsection 11-264-250(c) or subsection 11-264-251(b), must:

(i) Include in the closure plan for the pile under section 11-264-112 both a plan for complying with subsection (a) and a contingent plan for complying with subsection (b) in case not all contaminated subsoils can be practicably removed at closure; and

(ii) Prepare a contingent post-closure plan under section 11-264-118 for complying with subsection (b) in case not all contaminated subsoils can be practicably removed at closure.

(2) The cost estimates calculated under sections 11-264-142 and 11-264-144 for closure and post-closure care of a pile subject to this subsection must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under subsection (a).

Notes

Haw. Code R. § 11-264-258

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.258)