Haw. Code R. § 11-264-91 - Required programs

(a) Owners and operators subject to this subchapter must conduct a monitoring and response program as follows:

(1) Whenever hazardous constituents under section 11-264-93 from a regulated unit are detected at a compliance point under section 11-264-95, the owner or operator must institute a compliance monitoring program under section 11-264-99. Detected is defined as statistically significant evidence of contamination as described in subsection 11-264-98(f);

(2) Whenever the ground-water protection standard under section 11-264-92 is exceeded, the owner or operator must institute a corrective action program under section 11-264-100. Exceeded is defined as statistically significant evidence of increased contamination as described in subsection 11-264-99(d);

(3) Whenever hazardous constituents under section 11-264-93 from a regulated unit exceed concentration limits under section 11-264-94 in ground water between the compliance point under section 11-264-95 and the down-gradient facility property boundary, the owner or operator must institute a corrective action program under section 11-264-100; or

(4) In all other cases, the owner or operator must institute a detection monitoring program under section 11-264-98.

(b) The director will specify in the facility permit the specific elements of the monitoring and response program. The director may include one or more of the programs identified in subsection (a) in the facility permit as may be necessary to protect human health and the environment and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the director will consider the potential adverse effects on human health and the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken.

Notes

Haw. Code R. § 11-264-91

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.91)