Haw. Code R. § 11-265-90 - Applicability
(a) The owner or operator of a surface
impoundment, landfill, or land treatment facility which is used to manage
hazardous waste must implement a ground-water monitoring program capable of
determining the facility's impact on the quality of ground water in the
uppermost aquifer underlying the facility, except as section 11-265-1 and
subsection (c) of this section provide otherwise.
(b) Except as subsections (c) and (d) provide
otherwise, the owner or operator must install, operate, and maintain a
ground-water monitoring system which meets the requirements of section
11-265-91, and must comply with sections 11-265-92 through 11-265-94. This
ground-water monitoring program must be carried out during the active life of
the facility, and for disposal facilities, during the post-closure care period
as well.
(c) All or part of the
ground-water monitoring requirements of this subchapter may be waived if the
owner or operator can demonstrate that there is a low potential for migration
of hazardous waste or hazardous waste constituents from the facility via the
uppermost aquifer to water supply wells (domestic, industrial, or agricultural)
or to surface water. This demonstration must be in writing, and must be kept at
the facility. This demonstration must be certified by a qualified geologist or
geotechnical engineer and must establish the following:
(1) The potential for migration of hazardous
waste or hazardous waste constituents from the facility to the uppermost
aquifer, by an evaluation of:
(i) A water
balance of precipitation, evapotranspiration, runoff, and infiltration;
and
(ii) Unsaturated zone
characteristics (i.e., geologic materials, physical properties, and depth to
ground water); and
(2)
The potential for hazardous waste or hazardous waste constituents which enter
the uppermost aquifer to migrate to a water supply well or surface water, by an
evaluation of:
(i) Saturated zone
characteristics (i.e., geologic materials, physical properties, and rate of
ground-water flow); and
(ii) The
proximity of the facility to water supply wells or surface water.
(d) If an owner or
operator assumes (or knows) that ground-water monitoring of indicator
parameters in accordance with sections 11-265-91 and 11-265-92 would show
statistically significant increases (or decreases in the case of pH) when
evaluated under subsection 11-265-93(b), he may, install, operate, and maintain
an alternate ground-water monitoring system (other than the one described in
sections 11-265-91 and 11-265-92). If the owner or operator decides to use an
alternate ground-water monitoring system he must:
(1) Submit to the director a specific plan,
certified by a qualified geologist or geotechnical engineer, which satisfies
the requirements of paragraph 11-265-93(d)(3), for an alternate ground-water
monitoring system;
(2) Initiate the
determinations specified in paragraph 11-265-93(d)(4);
(3) Prepare and submit a written report in
accordance with paragraph 11-265-93(d)(5);
(4) Continue to make the determinations
specified in paragraph 11-265-93(d)(4) on a quarterly basis until final closure
of the facility; and
(5) Comply
with the recordkeeping and reporting requirements in subsection
11-265-94(b).
(e) The
ground-water monitoring requirements of this subchapter may be waived with
respect to any surface impoundment that:
(1)
Is used to neutralize wastes which are hazardous solely because they exhibit
the corrosivity characteristic under section 11-261-22 or are listed as
hazardous wastes in subchapter D of chapter 11-261 only for this reason;
and
(2) Contains no other hazardous
wastes, if the owner or operator can demonstrate that there is no potential for
migration of hazardous wastes from the impoundment.
The demonstration must establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration must be in writing and must be certified by a qualified professional.
Notes
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