Haw. Code R. § 11-265-113 - Closure; time allowed for closure
(a) Within ninety
days after receiving the final volume of hazardous wastes, or the final volume
of non-hazardous wastes if the owner or operator complies with all applicable
requirements in subsections (d) and (e), at a hazardous waste management unit
or facility, or within ninety days after approval of the closure plan,
whichever is later, the owner or operator must treat, remove from the unit or
facility, or dispose of on-site, all hazardous wastes in accordance with the
approved closure plan. The director may approve a longer period if the owner or
operator demonstrates that:
(1)
(i) The activities required to comply with
this subsection will, of necessity, take longer than ninety days to complete;
or
(ii)
(A) The hazardous waste management unit or
facility has the capacity to receive additional hazardous wastes, or has the
capacity to receive non-hazardous wastes if the facility owner or operator
complies with subsections (d) and (e); and
(B) There is a reasonable likelihood that he
or another person will recommence operation of the hazardous waste management
unit or the facility within one year; and
(C) Closure of the hazardous waste management
unit or facility would be incompatible with continued operation of the site;
and
(2) He
has taken and will continue to take all steps to prevent threats to human
health and the environment, including compliance with all applicable interim
status requirements.
(b)
The owner or operator must complete partial and final closure activities in
accordance with the approved closure plan and within one-hundred and eighty
days after receiving the final volume of hazardous wastes, or the final volume
of non-hazardous wastes if the owner or operator complies with all applicable
requirements in subsections (d) and (e), at the hazardous waste management unit
or facility, or one-hundred and eighty days after approval of the closure plan,
if that is later. The director may approve an extension to the closure period
if the owner or operator demonstrates that:
(1)
(i) The
partial or final closure activities will, of necessity, take longer than
one-hundred and eighty days to complete; or
(ii)
(A)
The hazardous waste management unit or facility has the capacity to receive
additional hazardous wastes, or has the capacity to receive non-hazardous
wastes if the facility owner or operator complies with subsections (d) and (e);
and
(B) There is reasonable
likelihood that he or another person will recommence operation of the hazardous
waste management unit or the facility within one year; and
(C) Closure of the hazardous waste management
unit or facility would be incompatible with continued operation of the site;
and
(2) He
has taken and will continue to take all steps to prevent threats to human
health and the environment from the unclosed but not operating hazardous waste
management unit or facility, including compliance with all applicable interim
status requirements.
(c)
The demonstrations referred to in paragraphs (a)(1) and (b)(1) must be made as
follows:
(1) The demonstrations in paragraph
(a)(1) must be made at least thirty days prior to the expiration of the ninety
day period in subsection (a); and
(2) The demonstration in paragraph (b)(1)
must be made at least thirty days prior to the expiration of the one-hundred
and eighty day period in subsection (b), unless the owner or operator is
otherwise subject to the deadlines in subsection (d).
(d) The director may allow an owner or
operator to receive non-hazardous wastes in a landfill, land treatment, or
surface impoundment unit after the final receipt of hazardous wastes at that
unit if:
(1) The owner or operator submits an
amended Part B application, or a Part B application, if not previously
required, and demonstrates that:
(i) The unit
has the existing design capacity as indicated on the Part A application to
receive non-hazardous wastes; and
(ii) There is a reasonable likelihood that
the owner or operator or another person will receive non-hazardous wastes in
the unit within one year after the final receipt of hazardous wastes;
and
(iii) The non-hazardous wastes
will not be incompatible with any remaining wastes in the unit or with the
facility design and operating requirements of the unit or facility under this
chapter; and
(iv) Closure of the
hazardous waste management unit would be incompatible with continued operation
of the unit or facility; and
(v)
The owner or operator is operating and will continue to operate in compliance
with all applicable interim status requirements; and
(2) The Part B application includes an
amended waste analysis plan, ground-water monitoring and response program,
human exposure assessment required under subsection 11-270-10(j), and closure
and post-closure plans, and updated cost estimates and demonstrations of
financial assurance for closure and post- closure care as necessary and
appropriate to reflect any changes due to the presence of hazardous
constituents in the non-hazardous wastes, and changes in closure activities,
including the expected year of closure if applicable under paragraph
11-265-112(b)(7), as a result of the receipt of non-hazardous wastes following
the final receipt of hazardous wastes; and
(3) The Part B application is amended, as
necessary and appropriate, to account for the receipt of non-hazardous wastes
following receipt of the final volume of hazardous wastes; and
(4) The Part B application and the
demonstrations referred to in paragraphs (d)(1) and (d)(2) are submitted to the
director no later than one-hundred and eighty days prior to the date on which
the owner or operator of the facility receives the known final volume of
hazardous wastes, or no later than ninety days after the effective date of this
rule, whichever is later.
(e) In addition to the requirements in
subsection (d), an owner or operator of a hazardous waste surface impoundment
that is not in compliance with the liner and leachate collection system
requirements in RCRA section 3004(o) (1) and 3005 (j) (1) or 3004(o)(2) or (3)
or 3005(j) (2), (3), (4) or (13) (1984) must:
(1) Submit with the Part B application:
(i) A contingent corrective measures plan;
and
(ii) A plan for removing
hazardous wastes in compliance with paragraph (e)(2); and
(2) Remove all hazardous wastes from the unit
by removing all hazardous liquids and removing all hazardous sludges to the
extent practicable without impairing the integrity of the liner(s), if
any.
(3) Removal of hazardous
wastes must be completed no later than ninety days after the final receipt of
hazardous wastes. The director may approve an extension to this deadline if the
owner or operator demonstrates that the removal of hazardous wastes will, of
necessity, take longer than the allotted period to complete and that an
extension will not pose a threat to human health and the environment.
(4) If a release that is a statistically
significant increase (or decrease in the case of pH) in hazardous constituents
over background levels is detected in accordance with the requirements in
subchapter F, the owner or operator of the unit:
(i) Must implement corrective measures in
accordance with the approved contingent corrective measures plan required by
paragraph (e)(1) no later than one year after detection of the release, or
approval of the contingent corrective measures plan, whichever is
later;
(ii) May receive wastes at
the unit following detection of the release only if the approved corrective
measures plan includes a demonstration that continued receipt of wastes will
not impede corrective action; and
(iii) May be required by the director to
implement corrective measures in less than one year or to cease receipt of
wastes until corrective measures have been implemented if necessary to protect
human health and the environment.
(5) During the period of corrective action,
the owner or operator shall provide semi-annual reports to the director that
describe the progress of the corrective action program, compile all
ground-water monitoring data, and evaluate the effect of the continued receipt
of non-hazardous wastes on the effectiveness of the corrective
action.
(6) The director may
require the owner or operator to commence closure of the unit if the owner or
operator fails to implement corrective action measures in accordance with the
approved contingent corrective measures plan within one year as required in
paragraph (e)(4), or fails to make substantial progress in implementing
corrective action and achieving the facility's background levels.
(7) If the owner or operator fails to
implement corrective measures as required in paragraph (e)(4), or if the
director determines that substantial progress has not been made pursuant to
paragraph (e)(6) he shall:
(i) Notify the
owner or operator in writing that the owner or operator must begin closure in
accordance with the deadline in paragraphs (a) and (b) and provide a detailed
statement of reasons for this determination, and
(ii) Provide the owner or operator and the
public, through a newspaper notice, the opportunity to submit written comments
on the decision no later than twenty days after the date of the
notice.
(iii) If the director
receives no written comments, the decision will become final five days after
the close of the comment period. The director will notify the owner or operator
that the decision is final, and that a revised closure plan, if necessary, must
be submitted within fifteen days of the final notice and that closure must
begin in accordance with the deadlines in subsections (a) and (b).
(iv) If the director receives written
comments on the decision, he shall make a final decision within thirty days
after the end of the comment period, and provide the owner or operator in
writing and the public through a newspaper notice, a detailed statement of
reasons for the final decision. If the director determines that substantial
progress has not been made, closure must be initiated in accordance with the
deadlines in subsections (a) and (b).
(v) [Reserved]
Notes
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