Haw. Code R. § 11-268-38 - Waste specific prohibitions - newly identified organic toxicity characteristic wastes and newly listed coke byproduct and chlorotoluene production wastes
(a) Effective on
the effective date of this section, the wastes specified in section 11-261-32 as EPA Hazardous Waste numbers K141, K142, K143, K144, K145, K147, K148, K149,
K150, and K151 are prohibited from land disposal. In addition, debris
contaminated with EPA Hazardous Waste numbers F037, F038, K107-K112, K117,
K118, K123-K126, K131, K132, K136, U328, U353, U359, and soil and debris
contaminated with D012-D043, K141-K145, and K147-K151 are prohibited from land
disposal. The following wastes that are specified in section 11-261-24, Table 1
as EPA Hazardous Waste numbers: D012, D013, D014, D015, D016, D017, D018, D019,
D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032,
D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, D043 that are not
radioactive, or that are managed in systems other than those whose discharge is
regulated under the Clean Water Act (CWA), or that are zero dischargers that do
not engage in CWA-equivalent treatment before ultimate land disposal, or that
are injected in Class I deep wells regulated under the Safe Drinking Water Act
(SDWA), are prohibited from land disposal. CWA-equivalent treatment means
biological treatment for organics, alkaline chlorination or ferrous sulfate
precipitation for cyanide, precipitation/sedimentation for metals, reduction of
hexavalent chromium, or other treatment technology that can be demonstrated to
perform equally or better than these technologies.
(b) Radioactive wastes that are mixed with
D018-D043 that are managed in systems other than those whose discharge is
regulated under the Clean Water Act (CWA), or that inject in Class I deep wells
regulated under the Safe Drinking Water Act (SDWA), or that are zero
dischargers that engage in CWA-equivalent treatment before ultimate land
disposal, are prohibited from land disposal. CWA-equivalent treatment means
biological treatment for organics, alkaline chlorination or ferrous sulfate
precipitation for cyanide, precipitation/ sedimentation for metals, reduction
of hexavalent chromium, or other treatment technology that can be demonstrated
to perform equally or greater than these technologies. Radioactive wastes mixed
with K141-K145, and K147-K151 are also prohibited from land disposal. In
addition, soil and debris contaminated with these radioactive mixed wastes are
prohibited from land disposal.
(c)
[Reserved]
(d) The requirements of
subsections (a) and (b) do not apply if:
(1)
The wastes meet the applicable treatment standards specified in
subchapter;
(2)
[Reserved]
(3) [Reserved]
(4) [Reserved]
(e) To determine whether a hazardous waste
identified in this section exceeds the applicable treatment standards specified
in section 11-268-40, the initial generator must test a sample of the waste
extract or the entire waste, depending on whether the treatment standards are
expressed as concentrations in the waste extract or the waste, or the generator
may use knowledge of the waste. If the waste contains constituents in excess of
the applicable subchapter D levels, the waste is prohibited from land disposal,
and all requirements of chapter 11-268 are applicable, except as otherwise
specified.
Notes
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