Haw. Code R. § 11-280.1-64 - Free product removal
(a) At sites where
investigations under section
11-280.1-62(a)(6)
indicate the presence of free product, owners and operators must remove free
product to the maximum extent practicable as determined by the department while
continuing, as necessary, any actions initiated under sections
11-280.1-61 to
11-280.1-63, or preparing for
actions required under sections
11-280.1-65 to
11-280.1-66. In meeting the
requirements of this section, owners and operators must:
(1) Conduct free product removal in a manner
that minimizes the spread of contamination into previously uncontaminated zones
by using recovery and disposal techniques appropriate to the hydrogeologic
conditions at the site, and that properly treats, discharges or disposes of
recovery byproducts in compliance with applicable local, state, and federal
regulations;
(2) Use abatement of
free product migration as a minimum objective for the design of the free
product removal system;
(3) Handle
any flammable products in a safe and competent manner to prevent fires or
explosions; and
(4) Prepare and
submit to the department, within forty-five days after confirming a release, or
within another reasonable period of time determined by the department, a free
product removal report that provides at least the following information:
(A) The name of the person responsible for
implementing the free product removal measures;
(B) The estimated quantity, type, and
thickness of free product observed or measured in welli, boreholes, and
excavations;
(C) The type of free
product recovery system used;
(D)
Whether any discharge will take place on-site or off-site during the recovery
operation and where this discharge will be located;
(E) The type of treatment applied to, and the
effluent quality expected from, any discharge;
(F) All actions already performed or
currently underway to remove free product, including steps that have been or
are being taken to obtain necessary permits for any discharge;
(G) The disposition of the recovered free
product; and
(H) Schedule for
completion of free product removal.
(b) Owners and operators shall initiate free
product removal as soon as practicable but no later than thirty days following
confirmation of a release, or sooner if directed by the
department.
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.
(a) At sites where investigations under section 11-280.1-62(a)(6) indicate the presence of free product , owners and operators must remove free product to the maximum extent practicable as determined by the department while continuing, as necessary, any actions initiated under sections 11-280.1-61 to 11-280.1-63, or preparing for actions required under sections 11-280.1-65 to 11-280.1-66. In meeting the requirements of this section, owners and operators must:
(1) Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges or disposes of recovery byproducts in compliance with applicable local, state, and federal regulations;
(2) Use abatement of free product migration as a minimum objective for the design of the free product removal system;
(3) Handle any flammable products in a safe and competent manner to prevent fires or explosions; and
(4) Prepare and submit to the department , within forty-five days after confirming a release , a free product removal report that provides at least the following information:
(A) The name of the person responsible for implementing the free product removal measures;
(B) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations;
(C) The type of free product recovery system used;
(D) Whether any discharge will take place on-site or off-site during the recovery operation and where this discharge will be located;
(E) The type of treatment applied to, and the effluent quality expected from, any discharge;
(F) All actions already performed or currently underway to remove free product , including steps that have been or are being taken to obtain necessary permits for any discharge;
(G) The disposition of the recovered free product ; and
(H) Schedule for completion of free product removal.
(b) Owners and operators shall initiate free product removal as soon as practicable but no later than thirty days following confirmation of a release , or sooner if directed by the department .