Haw. Code R. § 11-268-50 - Prohibitions on storage of restricted wastes
(a) Except
as provided in this section, the storage of hazardous wastes restricted from
land disposal under subchapter C of this chapter or RCRA section 3004 (42
U.S.C. 6924) (1984) is prohibited, unless the
following conditions are met:
(1) A generator
stores such wastes in tanks, containers, or containment buildings on-site
solely for the purpose of the accumulation of such quantities of hazardous
waste as necessary to facilitate proper recovery, treatment, or disposal and
the generator complies with the requirements in section 11-262-34 and chapters
11-264 and 11-265.
(2) An
owner/operator of a hazardous waste treatment, storage, or disposal facility
stores such wastes in tanks, containers, or containment buildings solely for
the purpose of the accumulation of such quantities of hazardous waste as
necessary to facilitate proper recovery, treatment, or disposal and:
(i) Each container is clearly marked to
identify its contents and the date each period of accumulation
begins;
(ii) Each tank is clearly
marked with a description of its contents, the quantity of each hazardous waste
received, and the date each period of accumulation begins, or such information
for each tank is recorded and maintained in the operating record at that
facility. Regardless of whether the tank itself is marked, an owner/operator
must comply with the operating record requirements specified in section
11-264-73 or 11-265-73.
(3) A transporter stores manifested shipments
of such wastes at a transfer facility for ten days or less.
(b) An owner/operator of a
treatment, storage or disposal facility may store such wastes for up to one
year unless the department can demonstrate that such storage was not solely for
the purpose of accumulation of such quantities of hazardous waste as are
necessary to facilitate proper recovery, treatment, or disposal.
(c) An owner/operator of a treatment, storage
or disposal facility may store such wastes beyond one year; however, the
owner/operator bears the burden of proving that such storage was solely for the
purpose of accumulation of such quantities of hazardous waste as are necessary
to facilitate proper recovery, treatment, or disposal.
(d) If a generator's waste is exempt from a
prohibition on the type of land disposal utilized for the waste (for example, a
national capacity variance under Subpart C of 40 CFR 268), the prohibition in
subsection (a) does not apply during the period of such exemption.
(e) The prohibition in subsection (a) does
not apply to hazardous wastes that meet the treatment standards specified under
sections 11-268-41, 11-268-42, and 11-268-43, or, where treatment standards
have not been specified, is in compliance with the applicable prohibitions
specified in section 11-268-32 or RCRA section 3004 (42
U.S.C. 6924) (1984).
(f) Liquid hazardous wastes containing
polychlorinated biphenyls (PCBs) at concentrations greater than or equal to
fifty ppm must be stored at a facility that meets the requirements of
40 CFR
761.65(b) and must be
removed from storage and treated or disposed as required by this chapter within
one year of the date when such wastes are first placed into storage. The
provisions of subsection (c) do not apply to such PCB wastes prohibited under
section 11-268-32.
Notes
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