Haw. Code R. § 11-268-3 - Dilution prohibited as a substitute for treatment
(a) Except as provided in subsection (b), no
generator, transporter, handler, or owner or operator of a treatment, storage,
or disposal facility shall in any way dilute a restricted waste or the residual
from treatment of a restricted waste as a substitute for adequate treatment to
achieve compliance with subchapter D, to circumvent the effective date of a
prohibition in subchapter C, to otherwise avoid a prohibition in subchapter C,
or to circumvent a land disposal prohibition imposed by this chapter.
(b) Dilution of wastes that are hazardous
only because they exhibit a characteristic in treatment systems which include
land-based units which treat wastes subsequently discharged to a water of the
United States pursuant to a permit issued under section 402 of the Federal
Clean Water Act (CWA), or which treat wastes in a CWA-equivalent treatment
system, or which treat wastes for the purposes of pretreatment requirements
under section 307 of the Federal CWA is not impermissible dilution for purposes
of this section unless a method other than DEACT has been specified in section
11-268-40 as the treatment standard, or unless the waste is a D003 reactive
cyanide wastewater or nonwastewater.
(c) Combustion of the hazardous waste codes
listed in Appendix XI of this chapter is prohibited, unless the waste, at the
point of generation, or after any bona fide treatment such as cyanide
destruction prior to combustion, can be demonstrated to comply with one or more
of the following criteria (unless otherwise specifically prohibited from
combustion):
(1) The waste contains hazardous
organic constituents or cyanide at levels exceeding the constituent-specific
treatment standard found in section 11-268-48;
(2) The waste consists of organic,
debris-like materials (e.g., wood, paper, plastic, or cloth) contaminated with
an inorganic metal-bearing hazardous waste;
(3) The waste, at point of generation, has
reasonable heating value such as greater than or equal to 5000 BTU per
pound;
(4) The waste is
co-generated with wastes for which combustion is a required method of
treatment;
(5) The waste is subject
to federal and/or State requirements necessitating reduction of organics
(including biological agents); or
(6) The waste contains greater than 1% Total
Organic Carbon (TOC).
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