Haw. Code R. § 11-268-9 - Special rules regarding wastes that exhibit a characteristic
(a) The initial generator of a solid waste
must determine each EPA Hazardous Waste Number (waste code) applicable to the
waste in order to determine the applicable treatment standards under subchapter
D of this chapter. For purposes of chapter 11-268, the waste will carry the
waste code for any applicable listed waste (11-261, subchapter D). In addition,
where the waste exhibits a characteristic, the waste will carry one or more of
the characteristic waste codes (11-261, subchapter C), except when the
treatment standard for the listed waste operates in lieu of the treatment
standard for the characteristic waste, as specified in subsection (b) of this
section. If the generator determines that their waste displays a hazardous
characteristic (and is not DOOl nonwastewaters treated by CMBST, RORGS, or
POLYM of section 11-268-42, Table 1), the generator must determine the
underlying hazardous constituents (as defined in section 11-268-2(i)), in the
characteristic waste.
(b) Where a
prohibited waste is both listed under chapter 11-261, subchapter D and exhibits
a characteristic under chapter 11-261, subchapter C, the treatment standard for
the waste code listed in chapter 11-261, subchapter D will operate in lieu of
the standard for the waste code under chapter 11-261, subchapter C, provided
that the treatment standard for the listed waste includes a treatment standard
for the constituent that causes the waste to exhibit the characteristic.
Otherwise, the waste must meet the treatment standards for all applicable
listed and characteristic waste codes.
(c) In addition to any applicable standards
determined from the initial point of generation, no prohibited waste which
exhibits a characteristic under chapter 11-261, subchapter C may be land
disposed unless the waste complies with the treatment standards under
subchapter D of this chapter.
(d)
Wastes that exhibit a characteristic are also subject to section 11-268-7 requirements, except that once the waste is no longer hazardous, a one-time
notification and certification must be placed in the generators or treaters
files and sent to the department. The notification and certification that is
placed in the generators or treaters files must be updated if the process or
operation generating the waste changes and/or if the solid waste management
facility receiving the waste changes. However, the generator or treater need
only notify the department on an annual basis if such changes occur. Such
notification and certification should be sent to the department by the end of
the calendar year, but no later than December 31.
(1) The notification must include the
following information:
(i) Name and address
of the solid waste management facility receiving the waste shipment;
and
(ii) A description of the waste
as initially generated, including the applicable EPA hazardous waste code(s),
treatability group(s), and underlying hazardous constituents (as defined in
section 11-268-2(i)), unless the waste will be treated and monitored for all
underlying hazardous constituents. If all underlying hazardous constituents
will be treated and monitored, there is no requirement to list any of the
underlying hazardous constituents on the notice.
(2) The certification must be signed by an
authorized representative and must state the language found in paragraph
11-268-7(b) (5).
(i) If treatment removes the
characteristic but does not treat underlying hazardous constituents, then the
certification found in section 11-268-7(b)(5)(iv) applies.
(ii) [Reserved]
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.