Haw. Code R. § 11-265-1102 - Closure and post-closure care

(a) At closure of a containment building, 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. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings must meet all of the requirements specified in subchapters G and H of this chapter.

(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 requirements that apply to landfills (section 11-265-310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a containment building is then considered to be a landfill, and the owner or operator must meet all of the requirements for landfills specified in subchapters G and H of this chapter.

Notes

Haw. Code R. § 11-265-1102

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.1102)