Haw. Code R. § 11-265-197 - Closure and post-closure care
(a) At closure of a
tank system, the owner or operator must remove or decontaminate all waste
residues, contaminated containment system components (liners, etc.),
contaminated soils, and structures and equipment contaminated with waste, 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 tank systems must meet all of the requirements specified in
subchapters G and H.
(b) If the
owner or operator demonstrates that not all contaminated soils can be
practicably removed or decontaminated as required in subsection (a), then the
owner or operator must close the tank system and perform post-closure care in
accordance with the closure and post-closure care requirements that apply to
landfills (section 11-265-310). In addition, for the purposes of closure,
post-closure, and financial responsibility, such a tank system 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.
(c) If an owner or operator has a tank system
which does not have secondary containment that meets the requirements of
subsections 11-265-193(b) through (f) and which is not exempt from the
secondary containment requirements in accordance with subsection 11-265-193(g),
then,
(1) The closure plan for the tank
system must include both a plan for complying with subsection (a) and a
contingent plan for complying with subsection (b).
(2) A contingent post-closure plan for
complying with subsection (b) must be prepared and submitted as part of the
permit application.
(3) The cost
estimates calculated for closure and post-closure care must reflect the costs
of complying with the contingent closure plan and the contingent post-closure
plan, if these costs are greater than the costs of complying with the closure
plan prepared for the expected closure under subsection (a).
(4) Financial assurance must be based on the
cost estimates in paragraph (c)(3).
(5) For the purposes of the contingent
closure and post-closure plans, such a tank system is considered to be a
landfill, and the contingent plans must meet all of the closure, post-closure,
and financial responsibility requirements for landfills under subchapters G and
H.
Notes
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