Haw. Code R. § 11-264-280 - Closure and post-closure care
(a) During the
closure period the owner or operator must:
(1) Continue all operations (including pH
control) necessary to maximize degradation, transformation, or immobilization
of hazardous constituents within the treatment zone as required under
subsection 11-264-273(a), except to the extent such measures are inconsistent
with paragraph (a)(8).
(2) Continue
all operations in the treatment zone to minimize run-off of hazardous
constituents as required under subsection 11-264-273(b);
(3) Maintain the run-on control system
required under subsection 11-264-273(c);
(4) Maintain the run-off management system
required under subsection 11-264-273(d);
(5) Control wind dispersal of hazardous waste
if required under subsection 11-264-273(f);
(6) Continue to comply with any prohibitions
or conditions concerning growth of food-chain crops under section
11-264-276;
(7) Continue
unsaturated zone monitoring in compliance with section 11-264-278, except that
soil-pore liquid monitoring may be terminated ninety days after the last
application of waste to the treatment zone; and
(8) Establish a vegetative cover on the
portion of the facility being closed at such time that the cover will not
substantially impede degradation, transformation, or immobilization of
hazardous constituents in the treatment zone. The vegetative cover must be
capable of maintaining growth without extensive maintenance.
(b) For the purpose of complying
with section 11-264-115, when closure is completed the owner or operator may
submit to the director certification by an independent qualified soil
scientist, in lieu of an independent registered professional engineer, that the
facility has been closed in accordance with the specifications in the approved
closure plan.
(c) During the
post-closure care period the owner or operator must:
(1) Continue all operations (including pH
control) necessary to enhance degradation and transformation and sustain
immobilization of hazardous constituents in the treatment zone to the extent
that such measures are consistent with other post-closure care
activities;
(2) Maintain a
vegetative cover over closed portions of the facility;
(3) Maintain the run-on control system
required under subsection 11-264-273(c);
(4) Maintain the run-off management system
required under subsection 11-264-273(d);
(5) Control wind dispersal of hazardous waste
if required under subsection 11-264-273(f);
(6) Continue to comply with any prohibitions
or conditions concerning growth of food-chain crops under section 11-264-276;
and
(7) Continue unsaturated zone
monitoring in compliance with section 11-264-278, except that soil-pore liquid
monitoring may be terminated ninety days after the last application of waste to
the treatment zone.
(d)
The owner or operator is not subject to regulation under paragraphs (a)(8) and
(c) if the director finds that the level of hazardous constituents in the
treatment zone soil does not exceed the background value of those constituents
by an amount that is statistically significant when using the test specified in
paragraph (d)(3). The owner or operator may submit such a demonstration to the
director at any time during the closure or post-closure care periods. For the
purposes of this subsection:
(1) The owner or
operator must establish background soil values and determine whether there is a
statistically significant increase over those values for all hazardous
constituents specified in the facility permit under subsection 11-264-271(b).
(i) Background soil values may be based on a
one-time sampling of a background plot having characteristics similar to those
of the treatment zone.
(ii) The
owner or operator must express background values and values for hazardous
constituents in the treatment zone in a form necessary for the determination of
statistically significant increases under paragraph (d)(3).
(2) In taking samples used in the
determination of background and treatment zone values, the owner or operator
must take samples at a sufficient number of sampling points and at appropriate
locations and depths to yield samples that represent the chemical make-up of
soil that has not been affected by leakage from the treatment zone and the soil
within the treatment zone, respectively.
(3) In determining whether a statistically
significant increase has occurred, the owner or operator must compare the value
of each constituent in the treatment zone to the background value for that
constituent using a statistical procedure that provides reasonable confidence
that constituent presence in the treatment zone will be identified. The owner
or operator must use a statistical procedure that:
(i) Is appropriate for the distribution of
the data used to establish background values; and
(ii) Provides a reasonable balance between
the probability of falsely identifying hazardous constituent presence in the
treatment zone and the probability of failing to identify real presence in the
treatment zone.
(e) The owner or operator is not subject to
regulation under Subchapter F if the director finds that the owner or operator
satisfies subsection (d) and if unsaturated zone monitoring under section
11-264-278 indicates that hazardous constituents have not migrated beyond the
treatment zone during the active life of the land treatment unit.
Notes
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No prior version found.