Haw. Code R. § 11-265-220.1 - Interim status surface impoundments
(a) Except as
provided in subsection (c), (d), or (e), an interim status surface impoundment
shall not receive, store, or treat hazardous waste unless such surface
impoundment is in compliance with the requirements of
42
U.S.C. section 6924(o)(1)(A)
(1994) which would apply to such impoundment if it were new.
(b) Owners and operators of interim status
surface impoundments shall comply with subsection (a) by the following dates:
(1) Each surface impoundment required by
42
U.S.C. section 6925(j)(1) to
be in compliance with the requirements of
42
U.S.C. §
6924(o)(1)(A)
on or before the effective date of the State rules, shall be in compliance with
those requirements by the effective date of the State rules.
(2) In the case of any surface impoundment
which becomes subject to subsection (a) after the effective date of the State
rules due to the promulgation of additional listings or characteristics for the
identification of hazardous waste under section 11-261-10 or 11-261-11, the
period for compliance shall be four years after the date of such promulgation,
the period for demonstrations under subsection (e) and for submission of
evidence under subsection (f) shall be not later than twenty-four months after
the date of such promulgation, and the period for the director to advise such
owners or operators under subsection (f) shall be not later than thirty-six
months after the date of promulgation.
(3) On or after the effective date of the
State rules, in any case in which a surface impoundment is initially determined
to be excluded from the requirements of subsection (a) but due to a change in
condition (including the existence of a leak) no longer satisfies the
provisions of subsection (c), (d), or (e) and therefore becomes subject to
subsection (a), the period for compliance with subsection (a) shall be two
years after the date of discovery of such change of condition, or in the case
of a surface impoundment excluded under subsection (d) three years after such
date of discovery.
(c)
Subsection (a) shall not apply to any surface impoundment which:
(1) Has at least one liner, for which there
is no evidence that such liner is leaking;
(2) Is located more than one-quarter mile
from an underground source of drinking water; and
(3) Is in compliance with generally
applicable ground water monitoring requirements for facilities with
permits.
(d) Subsection
(a) shall not apply to any surface impoundment which qualifies for an exemption
under
42
U.S.C. §
6925(j) (3)
(1994).
(e) The director, after
notice and opportunity for comment, may modify the requirements of subsection
(a) for any surface impoundment if the owner or operator demonstrates that such
surface impoundment is located, designed, and operated so as to assure that
there will be no migration of any hazardous constituent into the ground water
or surface water at any future time. The director shall take into account the
location of the surface impoundment.
(f) The owner or operator of any surface
impoundment potentially subject to subsection (a) who has reason to believe on
the basis of subsection (c), (d), or (e) that such surface impoundment is not
required to comply with the requirements of subsection (a), shall apply to the
director not later than twenty-four months after a surface impoundment has
become subject to subsection (a) due to the promulgation of additional listings
or characteristics for the identification of hazardous waste under section
11-261-10 or 11-261-11 for a determination of the applicability of subsection
(a) (in the case of subsection (c) or (d)) or for a modification of the
requirements of subsection (a) (in the case of subsection (e)), with respect
to such surface impoundment. Such owner or operator shall provide, with such
application, evidence pertinent to such decision, including:
(1) An application for a final determination
regarding the issuance of a permit for such facility, if not previously
submitted;
(2) Evidence as to
compliance with all applicable ground water monitoring requirements and the
information and analysis from such monitoring;
(3) All reasonably ascertainable evidence as
to whether such surface impoundment is leaking; and
(4) In the case of applications under
subsection (c) or (d), a certification by a registered professional engineer
with academic training and experience in ground water hydrology that:
(A) Under subsection (c), the liner of such
surface impoundment is designed, constructed, and operated in accordance with
applicable requirements, such surface impoundment is more than one-quarter mile
from an underground source of drinking water and there is no evidence such
liner is leaking; or
(B) Under
subsection (d), based on analysis of those toxic pollutants and hazardous
constituents that are likely to be present in the untreated waste stream, such
impoundment satisfies the conditions of subsection (d).
Within twelve months after receipt of such application and evidence and after notice and opportunity to comment, the director shall advise such owner or operator on the applicability of subsection (a) to such surface impoundment or as to whether and how the requirements of subsection (a) shall be modified and applied to such surface impoundment.
(g) In the case of any
surface impoundment for which the owner or operator fails to apply under
subsection (f) within the time provided by subsection (f) or paragraph (b)(3)
or (b)(4), such surface impoundment shall comply with subsection (a)
notwithstanding subsections (c), (d), and (e).
(h) For the purposes of paragraph (c)(1), the
term "liner" means:
(1) A liner designed,
constructed, installed, and operated to prevent hazardous waste from passing
into the liner at any time during the active life of the facility; or
(2) A liner designed, constructed, installed,
and operated to prevent hazardous waste from migrating beyond the liner to
adjacent subsurface soil, ground water, or surface water at any time during the
active life of the facility.
Notes
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