Haw. Code R. § 11-273.6.2 - Applicability-Solar panels
(a) Solar panels
covered under chapter 11-273.1. The requirements of this chapter apply to
persons managing solar panels, as described in
40 C.F.R. section
273.9, as incorporated and amended in this
chapter, except those listed in paragraphs (b) and (c) of this
section.
(b) Solar panels not
covered under chapter 11-273.1. The requirements of this chapter do not apply
to persons managing the following solar panels:
(1) Solar panels that are not yet wastes
under chapter 11-261.1. Paragraph (d) of this section describes when a solar
panel becomes a waste. A universal waste handler who claims that a solar panel
is not a waste must manage that item as a product and bears the burden of
demonstrating that there is a known market or disposition for its re-use as a
solar panel.
(2) Solar panels that
were previously identified as wastes under chapter 11-261.1 but are no longer
identified as wastes (e.g., a discarded solar panel that is refurbished and is
returned to service).
(3) Solar
panels that do not exhibit a toxicity characteristic of a hazardous waste as
set forth in chapter 11-261.1 and that are not otherwise identified as
hazardous waste pursuant to chapter 11-261.1. A universal waste handler who
claims that a waste solar panel does not exhibit a toxicity characteristic
bears the burden of demonstrating that the solar panel is not a hazardous
waste.
(4) Solar panels that
exhibit any characteristic of a hazardous waste other than the characteristic
of toxicity. Such solar panels must be managed as hazardous waste pursuant to
chapters 11-260.1 to 11-270.1.
(5)
Solar panels that are recycled in a manner constituting disposal, as described
in 40 C.F.R. section
261.2(c)(1), as incorporated
and amended in chapter 11-261.1. Such solar panels must be managed as hazardous
waste pursuant to chapters 11-260.1 to 11-270.1.
(c) Solar panels that are integrated into the
structure of an electronic item, as defined in
40 C.F.R. section
273.9, as incorporated and amended in this
chapter, shall be managed as an electronic item under this chapter.
(d) Generation of waste solar panels.
(1) A used solar panel becomes a waste on the
date it is discarded (i.e., when stored while destined for
reclamation).
(2) An unused solar
panel becomes a waste on the date the handler decides to discard
it.
Notes
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